Jimmy Ferrell Cummings v. State

Affirmed and Majority and Dissenting Opinions filed March 24, 2011.

In The

Fourteenth Court of Appeals

___________________

NO. 14-10-00107-CR

___________________

Jimmy FERRELL Cummings, Appellant

V

State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1178740

DISSENTING OPINION

The majority has concluded there was no egregious error in appellant’s jury charge. I write separately today because I believe there was error in the jury charge and would reverse and remand this case for a new trial.

I. The Trial Court Erred By Not Sua Sponte Issuing a Jury…