Garcia v. State

OPINION

PHILLIPS, Judge.

This is an appeal from convictions for voluntary manslaughter (2) and aggravated assault (2). Punishment was assessed at 10 years’ imprisonment for each offense.

At the outset we note as unassigned error in the interest of justice (see Article 40.09, Section 13, V.A.C.C.P.) fundamental error in the court’s charge which mandates the reversal of appellant’s convic*134tion for the voluntary manslaughter of both Carlos Mendoza and Juan Mendoza. The indictment charged that the appellant “intentionally and knowingly cause[d] the death of an individual, Carlos Mendoza, by shooting…