Castillo v. State (1999)

In Castillo v. State, 7 S.W.3d 253 (Tex. App.--Austin 1999, pet. ref'd), the defendant was indicted for intentionally and knowingly causing serious bodily injury to a child. 7 S.W.3d at 254. The indictment specifically alleged that the defendant either struck the child with his hands or struck the child's head against a wall or a floor. Id. at 255. The evidence at trial, however, demonstrated that the victim's injuries were characteristic of a child who had been "shaken back and forth at a very rapid rate of speed." Id. at 256. Notably, the child did not have any evidence of skin bruising or swelling but only injuries consistent with a deceleration-type injury. Id. The State's doctor testified that the child's "injuries were totally consistent with a shaking-type injury and found no evidence that his head actually hit an object." Id. The court of appeals reversed the defendant's conviction and ordered an acquittal, holding that the evidence was legally insufficient to support a conviction for "recklessly injuring a child by striking." Id. at 262.