Castillo-Fuentes v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of murder. See V.T.C.A. Penal Code, § 19.02. The jury assessed punishment at thirty years confinement in the Texas Department of Corrections. On appeal to the San Antonio Court of Appeals, appellant’s conviction was reversed in an unpublished opinion. Castillo-Fuentes v. State (Tex.App. — San Antonio, No. 04-82-00547-CR, delivered May 25, 1983). We granted the State’s *560petition for discretionary review in order to consider the court of appeals’ holding that there was fundamental error in the jury charge.…