Castillo v. State

71 S.W.3d 812 (2002)

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Castillo v. State

Texas Court of Appeals
71 S.W.3d 812 (2002)

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Facts

Roy Castillo (defendant) and his friends got into an argument with Ambrose Bustos and Bustos’s friends at a pool hall one evening. Castillo drove to his home to obtain two guns and returned to the pool hall and began shooting at a black car in the parking lot containing Bustos. Julian Moreno, a passenger in the car, was shot in the head and killed. Castillo was convicted of Moreno’s murder, and one of the state’s theories was that Castillo’s intent to kill Bustos transferred to Moreno. The judge instructed the jury that it could find Castillo guilty if it found that Castillo intended to cause Moreno’s death or, under the transferred-intent doctrine, that Castillo caused Moreno’s death while intending to kill Bustos. Castillo appealed, arguing that the jury instruction was improper and that the jury should have been instructed that it could not convict Castillo unless he intended to kill Moreno specifically.

Rule of Law

Issue

Holding and Reasoning (Quinn, J.)

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