The State of Texas

THE STATE OF TEXAS

---

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

BRAZOS COUNTY

---

Hervey, J., delivered the opinion for a unanimous Court. Cochran, J., filed a concurring opinion.

OPINION

Appellant was towing some dirt in a homemade trailer when the trailer unhitched from appellant's truck, and struck and killed a pedestrian. As a result of this incident, a jury convicted appellant of criminally negligent homicide as charged in an indictment alleging that appellant caused the victim's death by "failing to properly secure a trailer to his truck." See Tex. Pen. Code, § 19.05(a).

The Court of Appeals affirmed the conviction. See Tello v. State, 138 S.W.3d 487, 497 (Tex.App.-Houston [14^{th Dist.] 2004). Appellant claims that the evidence is legally and factually insufficient to support a finding that he was criminally negligent under Tex. Pen. Code, § 6.03(d), which defines criminal negligence:}

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.[ (1)]