# Thompson v. State

> Court of Criminal Appeals of Texas · June 27, 2007 · 236 S.W.3d 787

URL: https://www.frixlaw.com/law-library/cases/9733025

## Case

- **Full name:** Joshua THOMPSON, Appellant, v. the STATE of Texas
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 27, 2007
- **Citations:** 236 S.W.3d 787; 2007 Tex. Crim. App. LEXIS 871; 2007 WL 1828341
- **Precedential status:** Published
- **Opinion:** Concurrence by Womack
- **Judges:** Keller, Meyers, Keasler, Hervey, Holcomb, Cochran, Womack, Price, Johnson
- **Cited by:** 78 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9733025

## How later opinions describe it (automated extraction)

- explaining that, under the Model Penal Code, a mistake need not be “reasonable” and no special jury instruction need be given because the ignorance or mistake simply negates a required culpable mental state; “The Model Penal Code commentary viewed ‘mistake of fact’ as being a …
- recognizing that a “mistake must be reasonable for it to constitute a circumstance that exculpates the defendant of the offense charged”
- holding that “an 6 instruction on mistake of fact is limited to any culpable mental state required for the offense.”
- recognizing that courts interpret statutory language according to its plain meaning

## Opinion text

WOMACK, J.,
concurring.
I join the judgment of the Court and all but Part II. C. of its opinion, which follows a decision on error preservation in Posey v. State, 966 S.W.2d 57, 62 (Tex.Cr.App.1998), that I continue to believe was incorrect. See id., at 66 (Womack, J., concurring).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9733025. Public record. Not legal advice.