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Lomax v. State
Texas Court of Criminal Appeals
233 S.W.3d 302 (2007)
- Written by Kelli Lanski, JD
Facts
Mark Wayne Lomax (defendant) was speeding, tailgating, and weaving through traffic while driving his car when he struck another car and killed a five-year-old girl inside. Tests showed his blood alcohol concentration was three times the legal limit. Lomax was tried and convicted of felony murder, with the felony of driving while intoxicated (DWI) serving as the underlying felony. Lomax appealed, arguing that DWI could not support a felony-murder charge because the underlying felony supplies the mens rea for murder but DWI did not require proof of a culpable mental state. The first court of appeals rejected Lomax’s argument, and he appealed again.
Rule of Law
Issue
Holding and Reasoning (Hervey, J.)
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