Castillo-Fuentes v. State

Because I continue to subscribe to what I stated in the concurring and dissenting opinion that I filed in Lawrence v. State, 700 S.W.2d 157 (Tex.Cr.App.1985), I am unable to agree with the reasoning that the majority opinion uses to hold that there was only mere State error in the court’s jury charge, but do concur in the result that it reaches, that Jose Luis Castillo-Fuentes, hereinafter referred to as the appellant, is entitled to a new trial. I agree with the result because the error of omission in the court’s charge was error of Federal Constitutional dimension, and not mere State error,…