ANTUNEZ v. STATE

No. 63725.

647 S.W.2d 649 (1983)

Eduardo Garcia ANTUNEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Dissenting Opinion on Motion for Rehearing Without Written Opinion March 30, 1983.


Attorney(s) appearing for the Case

Dick Stengel, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., and Stuart Leeds, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION

CLINTON, Judge.

Appellant was charged by indictment with the offense of aggravated robbery, V.A.T.S. Penal Code, § 29.03(a)(2), and was found by a jury to be guilty of the lesser included offense of robbery. Section 29.02, supra. Punishment, enhanced by a prior conviction, was assessed at life imprisonment. Section 12.42(b), supra. At the outset we confront unassigned fundamental error in the jury charge on guilt or innocence, which we consider...

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