NUMBER 13-22-00195-CR

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS 

CORPUS CHRISTI – EDINBURG 

 

CORY WASHINGTON, Appellant,

v.

THE STATE OF TEXAS, Appellee.

 

On appeal from the 211th District Court 

of Denton County, Texas.

 

MEMORANDUM OPINION 

Before Justices Tijerina, Silva, and Peña

Memorandum Opinion by Justice Peña

Appellant Cory Washington appeals his conviction for capital murder, for which he 

received a mandatory life sentence without parole. See TEX. PENAL CODE ANN. 

§§ 12.31(a)(2), 19.03(a)(7)(A). In one issue, Washington argues that the trial court 

abused its discretion by denying an instruction on the lesser included offense of 
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manslaughter. We affirm.1

I. BACKGROUND

A grand jury returned an indictment charging Washington with murdering April 

Robinson and Donovan Fielder by shooting both with a firearm during the same criminal 

transaction. See id. § 19.03(a)(7)(A). Washington pleaded not guilty, and the case 

proceeded to a jury trial at which the following evidence was adduced.

Robinson was Washington’s girlfriend for approximately fifteen years. The two had 

three minor daughters. Fielder was Robinson’s eighteen-year-old son from a prior 

relationship. The five of them resided together in a home in Denton County, Texas. The 

pair were in the process of separating, and Washington was angry that Robinson was 

seeing another man. According to Robinson’s sister, Washington had previously 

threatened to kill Robinson if she did not stop the relationship. 

On October 14, 2020, at 2:57 a.m., Washington placed a 911 call from his 

residence stating that he killed Robinson and Fielder by shooting them with a firearm. 

Washington said he was drinking all night and that he lost his temper because Robinson 

was out late. He stated that Robinson’s body was in the neighbor’s front yard and that 

Fielder’s body was in the house.

Officer Jason Renfroe of the Aubrey Police Department responded to the scene

and immediately arrested Washington. Officer Renfroe testified that Washington said he 

lost his temper and that Washington smelled of alcohol. He transported Washington to 

the Denton County Jail. 

1 This case is before this Court on transfer from the Second Court of Appeals in Fort Worth pursuant 

to a docket-equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
3

Responding officers discovered Robinson’s body on the next-door neighbor’s front 

lawn and Fielder’s body in his bedroom. Washington’s mother and three daughters were 

also at the home. Before killing Robinson and Fielder, Washington wrote the following 

note to his daughters, which officers discovered in the kitchen:

I am so so sorry that my anger got the better of me, but I always felt better 

when I let it out. I’ve thought about ending [Robinson’s] life many times over, 

but then I would see your three faces flashing before my eyes every time 

and that would quell my anger, it’s been that way for years. No longer 

though, because she has pushed me to the edge after I have tried and tried 

and tried again to make this relationship work. I guess the fact that people 

have been calling me crazy all these years finally has some merit to it. I 

actually had plenty of sense and felt that I was exactly the way I was meant 

to be. I’ve killed her over a hundred times in my heart and each time I felt 

bad for doing so, I really did. I wasn’t a psychopath, at least in my heart I 

thought I wasn’t[.] I think I was just very upset and disappointed that I wasted 

fifteen years of my life with someone who wasn’t trying as hard as I was to 

achieve the ultimate form of happiness. Gotta [sic] cut this suicide letter 

short because she is on her way home and I[’]m about to end it all. I[’]m 

killing her bastard son to [sic] because he played a major role in me hating 

her. He was a no good piece of shit anyway and a complete waste of space. 

I had so much more to say but it’s been cut short by her arrival. Booki please 

take care of your sisters and if possible, finish school and attend college so 

you can have a better life than we did. I love you all soooooooo much, I just 

hate I lost my damn mind. Kisses,

My mom can have both of my vehicles, Goodbye World[.]

After being read his Miranda rights, Washington agreed to speak to law 

enforcement. Washington stated that he was upset Robinson had been out all night. 

When she arrived home, he confronted her while holding a bat and a pistol. After 

Robinson declined to say who she was with that night, Washington began striking her

with the bat, causing her to retreat toward the front door. Fielder then emerged from his 

bedroom, and Washington began striking him with the bat. Fielder went back to his room 

and locked the door, but Washington broke the door open. Washington then entered the 
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bedroom and shot Fielder multiple times. Washington told officers that he was concerned 

that Fielder might have a gun in his room.

Meanwhile, according to Washington, Robinson was knocking on the neighbor’s 

door yelling for help. Washington pursued her to the neighbor’s house. After Robinson 

fell to the ground, Washington shot her three times.

Stacey Murthy, M.D., with the Tarrant County Medical Examiner’s Office, 

conducted the autopsy for Robinson and Fielder. Dr. Murthy concluded that Fielder died 

from gunshot wounds to the head and neck. She concluded that Robinson died from 

gunshot wounds to the head and blunt force trauma. 

At the charge conference, Washington requested self-defense and necessity 

instructions with regards to the death of Fielder, which the trial court granted. Washington 

also requested an instruction on the lesser included offense of manslaughter concerning 

Fielder’s death, which the trial court denied. The jury found Washington guilty of capital 

murder. This appeal followed.

II. LESSER INCLUDED INSTRUCTION

A. Standard of Review & Applicable Law

We review a trial court’s refusal to submit a lesser included offense instruction for 

an abuse of discretion. Chavez v. State, 666 S.W.3d 772, 776 (Tex. Crim. App. 2023)

(citing Threadgill v. State, 146 S.W.3d 654, 666 (Tex. Crim. App. 2004)). We employ a 

two-step analysis to determine whether a defendant is entitled to the instruction. Id. (citing 

Rousseau v. State, 855 S.W.2d 666, 672 (Tex. Crim. App. 1993)). “First, we compare the 

statutory elements of the alleged lesser offense with the statutory elements of the greater 
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offense and any descriptive averments in the indictment.” Id. (citing Safian v. State, 543 

S.W.3d 216, 220 (Tex. Crim. App. 2018)). “An offense is a lesser included offense if . . . it 

is established by proof of the same or less than all the facts required to establish the 

commission of the offense charged.” TEX. CODE CRIM. PROC. ANN. art. 37.09(1); see 

Chavez, 666 S.W.3d at 776 (“If proof of the lesser offense is included within proof of the 

greater offense, the first step has been satisfied.”).

Under the second step, we must determine whether there is evidence from which 

a rational jury could find the defendant guilty of only the lesser offense. Chavez, 666 

S.W.3d at 776 (citing Guzman v. State, 188 S.W.3d 185, 188–89 (Tex. Crim. App. 2006)). 

This “requirement is met if there is affirmative evidence of a factual dispute that raises the 

lesser offense and rebuts or negates other evidence establishing the greater offense.” Id. 

(citing Roy v. State, 509 S.W.3d 315, 319 (Tex. Crim. App. 2017)). “Anything more than 

a scintilla of evidence is sufficient to entitle a defendant to a lesser charge.” Goad v. State, 

354 S.W.3d 443, 446 (Tex. Crim. App. 2011) (quoting Bignall v. State, 887 S.W.2d 21, 23 

(Tex. Crim. App. 1994)). “A defendant does not satisfy the second prong . . . if there is 

evidence that he committed an offense that is a lesser-included of the charged offense 

but greater than the requested lesser-included offense.” Flores v. State, 245 S.W.3d 432, 

439 (Tex. Crim. App. 2008).

A person commits capital murder if he intentionally or knowingly causes the death 

of an individual and murders another person during the same criminal transaction. See

TEX. PENAL CODE ANN. §§ 19.02(b)(1), 19.03(a)(7)(A). Murder is a “result of conduct” 

offense, which requires that the culpable mental state relate to the result of the conduct—
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causing death. See Cavazos v. State, 382 S.W.3d 377, 384 (Tex. Crim. App. 2012);

Roberts v. State, 273 S.W.3d 322, 328-29 (Tex. Crim. App. 2008) “A person acts 

intentionally, or with intent, with respect . . . to a result of his conduct when it is his 

conscious objective or desire to . . . cause the result.” TEX. PENAL CODE ANN. § 6.03(a). 

“A person acts knowingly, or with knowledge, with respect to a result of his conduct when 

he is aware that his conduct is reasonably certain to cause the result.” Id. § 6.03(b).

“A person commits [manslaughter] if he recklessly causes the death of an 

individual.” Id. § 19.04(a). “A person acts recklessly, or is reckless, with respect to . . . the 

result of his conduct when he is aware of but consciously disregards a substantial and 

unjustifiable risk that . . . the result will occur.” Id. § 6.03(c). 

B. Analysis

Washington argues that he has met both prongs of the lesser included inquiry. 

With respect to step two, he maintains that there is evidence that he only recklessly 

caused Fielder’s death. The State concedes that Washington has met the first step. 

However, it contends there is no evidence upon which the jury could find Washington 

guilty of only manslaughter. Assuming without deciding that Washington has met the first 

step, we conclude that he was not entitled to a manslaughter instruction.

Here, there is no evidence that Washington acted recklessly in causing Fielder’s 

death. Rather, the evidence uniformly establishes that Washington acted intentionally and 

knowingly when he broke down Fielder’s bedroom door, aimed the firearm at Fielder’s 

head, and shot him multiple times at close range. Washington prepared a note outlining 

his premeditated plan to kill both Robinson and Fielder. In his statements, Washington 
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claimed that he pursued Fielder through a locked door and purposely fired multiple rounds 

from his firearm at Fielder. There is no evidence rebutting or negating the fact that 

Washington acted knowingly and intentionally when he shot Fielder. See Chavez, 666 

S.W.3d at 776; Cavazos, 382 S.W.3d at 385 (“Pulling out a gun, pointing it at someone, 

pulling the trigger twice, fleeing the scene (and the country), and later telling a friend ‘I 

didn’t mean to shoot anyone’ does not rationally support an inference that Appellant acted 

recklessly at the moment he fired the shots.”); see also Martinez v. State, No. 08-17-

00106-CR, 2019 WL 3001522, at *5 (Tex. App.—El Paso July 10, 2019, no pet.) (mem. 

op., not designated for publication) (explaining that even if appellant’s statement could be 

construed as an “unequivocal statement that he did not mean to kill his mother, it would 

not rationally support an inference he acted recklessly in shooting her in the face”).

In support of his argument, Washington cites evidence that he only killed Fielder 

after he intervened and that he feared Fielder might have a gun. While such evidence 

might be relevant to Washington’s self-defense claim, it does not support his contention 

that he acted recklessly. See Alonzo v. State, 353 S.W.3d 778, 782 (Tex. Crim. App. 

2011) (“[B]y arguing self-defense, a defendant is arguing that his actions were justified, 

and therefore he did not act recklessly.”); Nevarez v. State, 270 S.W.3d 691, 695 (Tex. 

App.—Amarillo 2008, no pet.) (“[T]he justification of self-defense is inconsistent with a 

claim that the defendant acted only recklessly.”); Martinez v. State, 16 S.W.3d 845, 848 

(Tex. App.—Houston [1st Dist.] 2000, pet. ref’d) (“[O]ne cannot accidentally or recklessly 

act in self-defense.”). Rather, “courts have typically found that a manslaughter instruction 

was required based on some evidence that the gun discharged accidentally or that the 
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defendant only intended to frighten the complainant.” Arnold v. State, 234 S.W.3d 664, 

672 (Tex. App.—Houston [14th Dist.] 2007, no pet.); see also Earle v. State, No. 06-20-

00038-CR, 2020 WL 6749945, at *4 (Tex. App.—Texarkana Nov. 18, 2020, no pet.)

(mem. op., not designated for publication). Here, there is no evidence that Washington 

accidentally discharged his firearm or did so only to scare Fielder.

For the foregoing reasons, we conclude that the trial court did not abuse its 

discretion in denying the lesser included instruction on manslaughter.2 See Chavez, 666 

S.W.3d at 776. We overrule Washington’s sole issue.

III. CONCLUSION

We affirm the trial court’s judgment.

L. ARON PEÑA JR.

Justice

Do not publish.

TEX. R. APP. P. 47.2(b). 

Delivered and filed on the

29th day of June, 2023.

2 We need not address the State’s alternative argument that even were Washington reckless in 

causing Fielder’s death, he would not be entitled to a manslaughter instruction because he would still be 

guilty of a greater lesser included offense of murder for the intentional and knowing killing of Robinson. 

Flores v. State, 245 S.W.3d 432, 439 (Tex. Crim. App. 2008).