Chapman v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant was convicted of unauthorized use of a vehicle, Tex.Penal Code Ann. § 31.07, and sentenced to sixty years confinement. See, Tex.Penal Code Ann. § 12.42(d). The Court of Appeals affirmed. Chapman v. State, 859 S.W.2d 509 (Tex.App.—Houston [1st Dist.] 1993). We granted appellant’s petition for discretionary review to determine whether appellant’s requested instruction was sufficient to call the trial judge’s attention to an error in the court’s charge on guilt. 1 We will reverse and remand.

I

The facts surrounding the…