Sattiewhite v. State

STATE’S MOTION FOR REHEARING

CLINTON, Judge.

The issue in this cause is whether fundamental error attends failure of a trial court to include in that part of its charge to a jury applying the law to the facts certain factual details of the offense of theft that have been alleged in an indictment for aggravated robbery and proved up by the State. On original submission a panel of the Court, analyzing and resolving the problem in a fashion about to be discussed, found fundamental error in the omission.

First, the panel opinion posits a verity that it is fundamental error to fail to charge the jury…