Almanza v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

Appellant was convicted of aggravated rape, under the former penal code, Sec. 21.03. See now V.T.C.A. Penal Code, Sec. 22.021(a)(3). On motion for rehearing the Fort Worth Court of Appeals withdrew its original opinion and reversed, finding “fundamental error” in the jury charge. Almanza v. State, 645 S.W.2d 885 (Tex.App.—Fort Worth 1983). Review was granted in this Court, and the State’s motion for rehearing became the occasion for this Court’s holding that even a defendant claiming fundamental error in his jury…