Texas Penal Code 22.02(A)(2) Interpretation
In Wilson v. State, 625 S.W.2d 331 (Tex. Crim. App. 1981), the defendant was indicted for aggravated robbery with the culpable mental states of intentionally and knowingly.
The Court found error because the application paragraph of the jury charge allowed him to be convicted of aggravated robbery if the jury found that he acted intentionally, knowingly, or recklessly.
Appellant was charged in the indictment with intentionally and knowingly causing bodily injury to Anita Gaitlin by shooting her and by using and exhibiting a deadly weapon during the commission of the assault.
This constitutes aggravated assault under Texas Penal Code Section 22.02(a)(2) which states:
(a) a person commits an offense if the person commits assault as defined in Section 22.01 and the person:
(2) uses or exhibits a deadly weapon during the commission of the assault.
Section 22.01 refers to assault and states:
(a) a person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
The statute allows conviction of aggravated assault if the person recklessly caused bodily injury to another and used or exhibited a deadly weapon during the assault.