What Is the Difference Between Capital Murder and Felony Murder In Texas ?
The only difference between capital murder and felony murder is the culpable mental state of the offender. Adanandus v. State, 866 S.W.2d 210, 230 (Tex. Crim. App. 1993); Rousseau, 855 S.W.2d at 673.
Capital murder requires the existence of the intent to cause death, while in felony murder, the culpable mental state for the act of murder is supplied by the mental state accompanying the underlying felony. See Adanan dus, 866 S.W.2d at 230; Rousseau, 855 S.W.2d at 673.
Thus, felony murder is a lesser included offense of capital murder and appellant has satisfied the first prong of the test. See Adanan dus, 866 S.W.2d at 230; Rousseau, 855 S.W.2d at 673.