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JOHNSON v. STATE

No. 357-82.

688 S.W.2d 560 (1985)

Arthur H. JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 24, 1985.

Attorney(s) appearing for the Case

Ken J. McLean (court appointed on appeal & PDR only) Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., & Timothy G. Taft & Norman Davenport, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of attempted rape and assessed punishment at seven years' confinement and a $5,000 fine. The court of appeals for the first supreme judicial district affirmed the conviction. We granted appellant's petition for discretionary review to address alleged fundamental error in the charge.

In accord with our decision in Almanza v. State,

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