Court of Appeals of Texas
2009 WL 1124389 (2009)
Karissa Lou Hopson (defendant) was arrested after police found her standing on the front porch of a house, holding a television. When the police arrived, they saw that the house’s windows were broken and that Hopson had blood on her shirt and hand. There was also damage to the inside of the house. Hopson was subsequently charged with burglary. Hopson testified that she picked up the television because she believed she was stopping a burglary in progress, not because she intended to commit a burglary. Hopson said that she had gone by the house and found a man taking things out of the house. In fact, the owners had given the man permission to go inside and pick up some of his belongings. Hopson testified that the man left after she confronted him, and that she then found the television sitting outside. Believing that the man had taken the television out of the house as part of a burglary, Hopson picked up the television to put it back in the house. Hopson maintained that her intention was not to commit a burglary, but to prevent one. Hopson asked the trial court to instruct the jury on the mistake-of-fact defense, but the trial court refused. The jury convicted Hopson. Hopson appealed, arguing that the trial court erred when it refused to offer the mistake-of-fact instruction to the jury.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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