Carter v. State

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The State’s position, carefully expressed by her locally affected district attorney, is that “a Court of Appeals has no jurisdiction to entertain unassigned error regardless of the fundamental nature of the error in question.” 1 This because, as the State sees it, there is no constitutional or statutory provision “which authorizes the Court of Criminal Appeals, or any intermediate appellate court in this State, to review a record, or any portion thereof, in a criminal case for the purpose of entertaining unassigned error.” 2 The…