…when recklessness is left out of the indictment for the charged offense, and no lesser included offense is submitted to the jury… then Article 21.15 precludes the inclusion of recklessness or criminal negligence in the jury instructions for the charged offense. Reed v. State, 117 S.W.3d 26, 265 (Tex. Crim. App. 2003).

I didn’t know that before. Thank you for pointing it out.

Crawford, on which Thai’s assertion that the State need not allege reckless facts if it also pleads knowledge or intent is based, is interesting in what it lacks: any discussion of the jury charge. If the State alleges multiple mens reas but no facts constituting recklessness, and the charge survives a motion to quash, the next battle is over the jury charge: since the State didn’t allege facts constituting recklessness, the jury should not be charged on that mens rea.

Where the information charging the defendant with assault of a family member alleged that the defendant “intentionally, knowingly, and recklessly caused bodily injury to the complainant by hitting her in the face,” the information complied with Tex. Code Crim. Proc. Ann. art. 21.15 by informing the defendant of the act upon which the State intended to rely. State v. Leavitt, 2006 Tex. App. LEXIS 6468 (Tex. App. Dallas July 25 2006).

Where the information charging the defendant with assault of a family member alleged that the defendant “intentionally, knowingly, and recklessly caused bodily injury to the complainant by hitting her in the face,” the information complied with Tex. Code Crim. Proc. Ann. art. 21.15 by informing the defendant of the act upon which the State intended to rely. State v. Leavitt, 2006 Tex. App. LEXIS 6468 (Tex. App. Dallas July 25 2006).

On a charge of assautl, the State was not required under Tex. Code Crim. Proc. Ann. art. 21.15 to set forth specific facts supporting the allegation of recklessness in the charging instrument because the State alleged other culpable mental states along with recklessness. Long Xuan Thai v. State, 2007 Tex. App. LEXIS 6056 (Tex. App. Dallas Aug. 1 2007).