IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0258-21
DANITA CAROL THETFORD, Appellant
V.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE SECOND COURT OF APPEALS
TARRANT COUNTY
Per curiam.
OPINION
Appellant was convicted of attempted murder and injury to a child. She was
sentenced to five years in prison for injury to a child and placed on community supervision
for 10 years for attempted murder.
Appellant did not argue on appeal that the evidence was insufficient to convict her of
THETFORD - 2
attempted murder. The Court of Appeals noted that the State referred to this oversight as
“interesting,” given this Court’s opinion in Rodriguez v. State, 454 S.W.3d 503 (Tex. Crim.
App. 2014). Nevertheless, the appellate court declined to address the issue as unassigned
error.
We grant ground one of Appellant’s petition for discretionary review and remand this
case to the Court of Appeals to address the sufficiency of the evidence to prove attempted
murder under Rodriguez.
Appellant’s second and third grounds are refused.
DATE DELIVERED: June 30, 2021
DO NOT PUBLISH