SANCHEZ v. STATE

No. 050-01.

120 S.W.3d 359 (2003)

Arthur Garcia SANCHEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

November 12, 2003.


Attorney(s) appearing for the Case

Mark Stevens, Stephanie L. Stevens, San Antonio, for Appellant.

Daniel Thornberry, Assistant District Attorney, San Antonio, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.


WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.

This case presents the issue, whether the doctrine of a "right not recognized" permits a defendant to complain for the first time on appeal that the charging instrument failed to allege the required culpable mental state. We hold that it does not.

We first must discuss the procedural history of this case. The appellant...

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