Fitzgerald v. State

COLLEY, Justice.

Donald Ray Fitzgerald was convicted by a jury of felony escape. Punishment, enhanced by two prior felony convictions, was assessed by the jury at fifty years’ confinement.

Fitzgerald urges seven points of error, none of which challenges the sufficiency of the evidence to support his conviction. We conclude that points two and four must be sustained, and therefore reverse the judgment and remand the cause for a new trial.

The pertinent facts are these. On February 1, 1983, Fitzgerald and two other inmates broke out of a dormitory in the Beto II Unit of the Texas Department of…