Jones v. State

The majority, following the lead of the Court of Appeals, erroneously expands the doctrine of fundamental error in the court’s charge. In holding that fundamental error occurred when the trial court charged on the presumption provided in V.T.C.A., Penal Code, Section 31.03, but not on the effect of such presumption as provided in Y.T.C.A., Penal Code, Section 2.05, the majority errs in two regards:

1. The contemporaneous objection rule is ignored, and

2. Under the prior holdings of this Court, such does not rise to the level of fundamental error.

Not only does such holding work an injustice in…