Fleming, Mark Alexander

Court of Criminal Appeals of Texas

Fleming, Mark Alexander

DecidedJune 18, 2014

DocketPD-1250-12

StatusPublished

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Fleming, Mark Alexander, (Tex. 2014).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1250-12 MARK ALEXANDER FLEMING, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

DENTON COUNTY

Cochran, J., filed a concurring opinion.

For the reasons set out in my concurring opinions in Celis v. State⁽¹⁾ and Farmer v. State,⁽²⁾ I believe that the Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape. Nonetheless, I recognize that this is not the current state of the law in Texas, and therefore I reluctantly join the majority opinion.

Filed: June 18, 2014

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1. 416 S.W.3d 419, 441-58 (Tex. Crim. App. 2013) (Cochran, J., concurring).

2. 411 S.W.3d 901, 908-18 (Tex. Crim. App. 2013) (Cochran, J., concurring).

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