Jeremy Deshawn Dugar v. The State of Texas

Summary

This document is the State of Texas's Petition for Discretionary Review in Jeremy Deshawn Dugar v. The State of Texas. It challenges the Fourteenth Court of Appeals' decision reversing a felony-murder conviction based on the trial court's failure to give a self-defense instruction. The petition addresses multiple-assailant self-defense, reasonable apprehension of imminent danger, the treatment of an innocent third person under Texas Penal Code section 9.05, and harm.

Holdings

1. The evidence raised the issue of self-defense because Dugar testified that he was pursued by a hostile group and reasonably apprehended an immediate danger from the group as a whole; the deceased's individual actions did not control whether the instruction was required.
2. Section 9.05 did not permit the trial court to deny the self-defense instruction as a matter of law. The deceased's status as an innocent third person presented at least a fact question, and whether Dugar acted recklessly in injuring or killing him was for the jury.
3. The omission caused some actual harm because Dugar's defense was built around self-defense, he admitted the conduct constituting the actus reus, and the charge gave the jury no alternative vehicle for acquittal on his justification theory.

Questions Presented

1. Whether the evidence raised a self-defense issue under a multiple-assailants theory even though the deceased himself was not shown to have threatened or attacked Dugar.
2. Whether Texas Penal Code section 9.05 barred a self-defense instruction because the deceased could be regarded as an innocent third person as a matter of law.
3. Whether omission of the self-defense instruction caused some harm requiring reversal.

Disposition

reversed_and_remanded