Little v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

This cause comes before us on the State’s petition for discretionary review. The Fourteenth Court of Appeals in Houston reversed appellant’s conviction after finding fundamental error in the court’s charge.

Appellant was indicted for aggravated robbery by intentionally and knowingly causing serious bodily injury. V.T.C.A., Penal Code, Sections 29.02(a)(1) and 29.-03(a)(1). A jury found him guilty of the lesser included offense of robbery. The application paragraph of the charge pertaining to the offense of robbery reads as…