Hill v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

This cause is before us on the State’s Petition for Discretionary Review. The Court of Appeals reversed appellant’s conviction for aggravated robbery, holding that the jury charge contained fundamental error under Evans v. State, 606 S.W.2d 880 (Tex.Cr.App.), in that the paragraph of the charge wherein the law is applied to the facts of the case failed to include the element “while in the course of committing theft.” The omission of this element is permissible under Evans only where the trial judge then sets out the elements of…