Luffred v. State

MURPHY, Justice.

Appellant brings two appeals. In Cause No. 301,361, appellant appeals his jury conviction for aggravated robbery over his plea of not guilty. The court assessed punishment at 99 years confinement. Appellant contends the jury charge was fundamentally defective on two counts: (1) failure to allege that the assault occurred “while in the course of committing theft”; and (2) failure to instruct the jury on the culpable mental state comprising an essential element of the offense charged. In Cause No. 255,634, appellant appeals the revocation of his probation for committing the…