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Criminal Law Keyed to Weaver
Gurwell v. Texas
Citation:
2008 WL 3867637 (Tex Ct. App.-Dallas 2008)Facts
The Sheriff’s department created a fake account that belonged to a fake 14 year girl named “Emma” that was created by the persona of the Sheriff’s department. Gurwell chatted with Emma through online accounts, Gurwell actually believed Emma was real. The conversations between Emma and Gurwell became increasingly sexual including Gurwell stating that this would be the time for her to lose her virginity. Gurwell contends that the trial court erred in not giving an instruction on renunciation, specifically referencing the part of there chat right before they were supposed to meet up, when he said to Emma lets meet and see where we go from there, and she said that was fine and asked “u don’t wanna go back to ur hse?” To which Gurwell said “i mean lets just start out by meeting and see where it goes.” Gurwell contends this shows his renunciation of the crime.
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