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ALMANZA v. STATE

No. 1302-85.

724 S.W.2d 805 (1986)

Cipriano Ramon ALMANZA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Certiorari Denied April 20, 1987.

Attorney(s) appearing for the Case

Lee Ann Dauphinot, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

Certiorari Denied April 20, 1987. See 107 S.Ct. 1901.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appellant was convicted of aggravated rape, under the former penal code, Sec. 21.03. See now V.T.C.A. Penal Code, Sec. 22.021(a)(3). On motion for rehearing the Fort Worth Court of Appeals withdrew its original opinion and reversed, finding "fundamental error" in the jury charge. Almanza v. State,

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