Fleming, Mark Alexander

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1250-12

MARK ALEXANDER FLEMING, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS DENTON COUNTY C OCHRAN, J., filed a concurring opinion.

For the reasons set out in my concurring opinions in Celis v. State 1 and Farmer v. State,2 I believe that the Texas statutory mistake-of-fact defense already applies to the offense of consensual statutory rape. Nonetheless, I recognize that this is not the current state of the law in Texas, and therefore I reluctantly join the majority opinion.

Filed: June 18, 2014 Publish