Lee, Justin Allen ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0052-20
JUSTIN ALLEN LEE, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRD COURT OF APPEALS
MILLS COUNTY
Per curiam.
OPINION
Appellant was convicted of two counts of Abandoning or Endangering a Child under
Texas Penal Code § 22.041. On appeal, he challenged the sufficiency of the evidence. The
Court of Appeals held that sufficient evidence supported Appellant’s convictions for
“endangering a child” pursuant to Penal Code § 22.041(c). Lee v. State, No.
LEE - 2
03-18-00571-CR, 2019 Tex. App. LEXIS 10810 (Tex. App.–Austin December 13, 2019) (not
designated for publication).
Appellant has filed a petition for discretionary review of this decision, arguing that
the Court of Appeals erred to evaluate whether the evidence was sufficient to prove child
endangerment when Appellant was convicted of child abandonment. We agree.
The indictment charged Appellant with second-degree child abandonment pursuant
to Texas Penal Code § 22.041, subsections (b) and (e). The Court of Appeals erroneously
assessed the evidence pursuant to § 22.041, subsection (c).
Accordingly, we grant Appellant’s petition for discretionary review, vacate the
judgment of the Court of Appeals, and remand this case to the Court of Appeals for
proceedings consistent with this opinion.
Date Delivered: April 1, 2020
Do Not Publish