Todd v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appeal was taken from a conviction for aggravated robbery. Punishment was assessed at forty years. The Houston Court of Appeals, Fourteenth Supreme Judicial District, reversed appellant’s conviction on the basis of fundamental error in the jury charge. The case came before us on the State’s petition for discretionary review which we granted in order to reconsider this Court’s previous holding in Evans v. State, 606 S.W.2d 880 (Tex.Cr.App.1980). We now reverse the judgment of the Court of Appeals and remand the case for…