IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1539-07

ROBERT HUFFMAN, Appellant v. THE STATE OF TEXAS ON APPELLANT’S AND STATE’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS BEXAR COUNTY J OHNSON, J., filed a concurring opinion.

OPINION The offense of failure to stop and render aid is defined in TEX . TRANSP . CODE § 550.021(c).

By its terms, the statute requires that the operator of a vehicle that has been involved in an accident to do at least two of the three listed acts: stay (TEX . TRANSP . CODE § 550.021(a)(1)) and remain (TEX . TRANSP . CODE § 550.021(a)(3)), or return (TEX . TRANSP . CODE § 550.021(a)(2)) and remain (TEX . TRANSP . CODE § 550.021(a)(3)). Therefore, leaving the scene is only part of the gravamen of the offense; the operator must also remain at the scene.

“Remain” requires more than merely being present at the scene; the operator must be present at the scene until the operator has complied with the mandates of TEX . TRANSP . CODE § 550.023, including providing name, address, and insurance information, and providing assistance to injured persons. An operator could stop at or return to the scene, yet still commit an offense under § 550.021 if, while staying at the scene, the operator refused to reveal the required information or made no effort to assist any injured party or obtain medical assistance for such a person.

With these comments, I join Judge Cochran’s concurring opinion and concur in the opinion of the Court.

Filed: October 1, 2008 Publish