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State v. Garrett12/1/2005
fense of felony murder, the trial court gave the following preliminary definitions of the terms "recklessly," "knowingly," and "criminally negligent":
Definitions of terms used in this charge.
Recklessly means that a person acts recklessly when the person is aware of but consciously disregards a substantial and unjustifiable risk that the alleged victim will be killed. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
The requirement for recklessly is also established if it shown that the Defendant acted intentionally or knowingly.
Intentionally means that a person acts intentionally when it is the person's conscious objective or desire to cause death of the alleged victim.
Knowingly means that a person acts with an awareness that his conduct is reasonably certain to cause the death of the alleged victim.
The requirement of knowingly is also established if it is shown that the Defendant acted intentionally.
Criminally negligent means that a person acts with criminal negligence when the person ought to be aware of a substantial and unjustifiable risk that the alleged victim will be killed. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
The requirement for criminal negligence is also established if it is shown that the Defendant acted intentionally, knowingly or recklessly.
The trial court then proceeded to instruct the jury on the charged offense of felony murder.
I shall now proceed to explain to you what in law it takes to constitute the offense of first degree murder as charged in the indictment in this case.
First degree murder. Any person who commits first degree murder is guilty of a crime.
For you to find the Defendant guilty of this offense, the State must have proven beyond a reasonable doubt the existence of the following essential elements:
One, that the Defendant unlawfully killed the alleged victim; and
Two, that the killing was committed in the perpetration of or the attempt to perpetrate the alleged arson. That is, that the killing was closely connected to the alleged arson and was not a separate, distinct and independent event; and
Three, that the Defendant intended to commit the alleged arson; and
Four, that the Defendant acted intentionally. Excuse me, acted recklessly.
The trial court at that point restated the definitions of recklessly, intentionally, and knowingly given earlier, and it concluded with the following instruction regarding arson:
To establish that the Defendant committed the underlying offense of arson, the State must have proven beyond a reasonable doubt the existence of the following essential elements:
One, that the Defendant, by means of fire or explosion, damage[d any structure], and
Two, that the Defendant did so with the intent to destroy or damage the structure for any unlawful purpose, and
Three, that the Defendant acted knowingly.
The intent to commit the underlying felony must exist prior to or concurrent with the commission of the act causing the death of the victim.
The defendant acknowledges that the trial court's instructions comport with State v. Page, 81 S.W.3d 7
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