OLVEDA v. STATE

No. 015-81.

650 S.W.2d 408 (1983)

Daniel E. OLVEDA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1983.


Attorney(s) appearing for the Case

Antonio G. Cantu, court appointed, David K. Chapman, San Antonio, Janet S. Morrow, Houston, for appellant.

Bill M. White, Dist. Atty., E. Dickenson Ryman, Anton Paul Hajek, III and Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of robbery and punishment was assessed at ten years. The Court of Appeals reversed the conviction in published opinion, 625 S.W.2d 13, that sustained appellant's only ground of error. The court held fundamental error was presented because the jury charge failed to include the statutory definition of the phrase "in the course of committing...

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