Legal Opinion · Concurrence

Cortez, Damien Hernandez

Court of Criminal Appeals of Texas

Decided June 17, 2015No. PD-0501-14Published

1Concurrence

CONCURRING OPINION

RICHARDSON, J.,

filed a concurring opinion in which KELLER, P.J., and JOHNSON and HERVEY, J.J., joined.

I concur in the Court’s analysis of the issue presented for our review and therefore join in the’ majority’s opinion affirming the judgment of the court of appeals. I write separately only to highlight what I perceive to be errors in the jury charge that, under a different set of facts, might have resulted in egregious harm to appellant. The jury charge omitted key wording (“an item of’) from its statutory definition of the offense of Fraudulent Use or Possession of…

2Cases cited5 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
  3. Casey v. StateCourt of Criminal Appeals of Texas · 2007
  4. Clinton, KatherineCourt of Criminal Appeals of Texas · 2011
  5. Damien Hernandez Cortez v. State, Texas Court of Appeals, 7th District (Amarillo)2014

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