OPINION
JUNELL, Justice.Appellant was convicted of involuntary manslaughter in a non-jury trial. Punishment was assessed at ten years’ confinement. By his first ground of error, appellant complains that the evidence which supports the conviction is insufficient. We reverse the conviction and order the cause remanded.
In the early morning hours of April 16, 1982, the deceased, Kenneth Ott, was shot as he lay sleeping in his bed. Mr. Ott had spent the earlier part of the evening in his apartment, 10225 Bissonnet, Houston, watching television with several friends. A small amount of liquor was consumed during the evening, but Mr. Ott was not intoxicated when his friends left, at approximately midnight. The witnesses stated he was in good spirits and planning to retire for the evening.
At approximately 2:30 a.m. neighbors heard a shattering of glass and a person screaming for help. Mr. Ott was found lying on the sidewalk outside his apartment. He was bleeding, and several different witnesses asked him what had happened. His response each time was the same; he did not know what happened, he had just awoken in pain and bleeding. When the police arrived, they made a search of his apartment and found the bed covered with blood and the bedroom window broken out. An expert later established that the window was shattered by some form of projectile or bullet, fired from outside of the room at a distance greater than several feet. The deceased died shortly after the Life Flight team arrived. A .44 caliber bullet was later removed from his body and determined to be the cause of death.
During the investigation the following day, a security officer noticed that the chain fence and shrubbery located between the deceased’s apartment complex and the neighboring complex were damaged in one particular area. Additionally, a small hole was observed in the screen of a downstairs apartment. This apartment, 10111 Bisson-net, faced the apartment of the deceased, separated by a distance of 68 feet. The damaged fence and shrubbery were in a direct line between the two apartments. Two police officers went to the apartment and were admitted by the appellant, who consented to a search of the premises. The officers found a .44 caliber revolver in a case under the mattress in the bedroom. Expert testimony at trial established that the bullet removed from the deceased’s body was fired from this gun. After receiving full warnings, appellant made a statement as to the events of the preceding evening. He had evidently consumed a large quantity of liquor and his memory of the evening was sketchy. However, appellant did recall having the gun out at one point while he was in the apartment. Appellant also recalled he was alone in the apartment and stated the door was locked from the inside when he woke up on April *92316. No other individual had access to the apartment.
Appellant contends in his first ground of error that the evidence was insufficient to sustain the conviction. Specifically, he argues the evidence was insufficient to establish he acted recklessly. An individual commits the offense of involuntary manslaughter if he recklessly causes the death of another individual. Tex.Penal Code Ann. § 19.05 (Vernon 1974). Reckless conduct occurs when the actor is aware of, but consciously disregards, a substantial and unjustifiable risk. Tex.Penal Code Ann. § 6.03(c) (Vernon 1974). A thorough examination of the record leads us to the conclusion that the evidence is insufficient to sustain the conviction. We are most troubled by the absence of evidence concerning the circumstances surrounding the discharge of the gun. Such evidence is consistently found in cases where involuntary manslaughter convictions have been affirmed. See Mendez v. State, 575 S.W.2d 36 (Tex.Crim.App.1979); Yates v. State, 624 S.W.2d 816 (Tex.App.—Houston [14th Dist.] 1981, no pet.). Prom the record before us, we are unable to determine if appellant acted recklessly in his handling of the weapon. We sustain appellant’s first ground of error. Our disposition of this ground eliminates the need to consider appellant’s second ground of error. The judgment of the trial court is reversed. Appellant is entitled to a judgment of acquittal of involuntary manslaughter. Burks v. United States, 437 U.S. 1, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978); Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978).
Our holding, however, does not bar further prosecution for criminally negligent homicide, which is the lesser-included offense of involuntary manslaughter. Aliff v. State, 627 S.W.2d 166 (Tex.Crim.App.1982). The Court of Criminal Appeals has ruled that despite a finding of insufficient evidence on the greater offense, re-trial for the lesser-included offense is not precluded by the double jeopardy constraints of the Constitution. Black v. State, 637 S.W.2d 923 (Tex.Crim.App.1982); Granger v. State, 605 S.W.2d 602 (Tex.Crim.App.1980); Rogers v. State, 575 S.W.2d 555 (Tex.Crim.App.1979). This rule applies equally to cases where trial was to the court as well as jury trials. Moss v. State, 574 S.W.2d 542 (Tex.Crim.App.1978). We conclude the evidence would be sufficient to support a conviction for this lesser offense. See Lopez v. State, 630 S.W.2d 936 (Tex.Crim.App.1982); Brannon v. State, 165 Tex.Cr.R. 169, 310 S.W.2d 85 (1957). The cause is remanded to the trial court with instructions to conduct an independent review of all the evidence in the record and determine whether a conviction upon criminally negligent homicide should be entered. Upon an affirmative finding, the court shall assess punishment accordingly. See Ex parte Harris, 600 S.W.2d 791 (Tex.Crim.App.1979).
The judgment of the trial court is reversed and the cause is remanded to the trial court with instructions to enter a judgment of acquittal of involuntary manslaughter and conduct further proceedings consistent with this opinion.