Brown, Coy, Jr.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 0701-04

COY BROWN, JR., Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

EDWARDS COUNTY

Keller, P.J., filed a dissenting opinion in which HOLCOMB and COCHRAN, JJ., joined.

The court of appeals concluded that the culpable mental state of "knowingly" describes an alternate theory of aggravated assault that may not be included in the jury charge unless included in the indictment. This conclusion conforms with this Court's pronouncements in a number of old robbery cases, (1) and most recently with…