Legal Opinion

Kucha v. State

Court of Criminal Appeals of Texas

Decided March 6, 1985No. 201-82PublishedCited by 57 opinions

1Opinion of the Court

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

The question of “fundamental error” is before us yet again. The instant case *155presents an instance for application of the principles of fairness espoused in Almanza v. State, 686 S.W.2d 157 (delivered February 27,1985). Appellant was charged by indictment with the offense of aggravated robbery, enhanced under V.T.C.A. Penal Code, Sec. 12.42(b), by allegations of two prior convictions. A jury found appellant guilty of the lesser offense of robbery and assessed punishment at twenty-seven years’ confinement.

The Waco court…

2Cases cited3 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Choice v. StateCourt of Criminal Appeals of Texas · 1957
  3. Kucha v. StateCourt of Appeals of Texas · 1981

3Cited by57 opinions

  1. Hutch v. StateCourt of Criminal Appeals of Texas · 1996
  2. Daniels v. StateCourt of Criminal Appeals of Texas · 1988
  3. Santana v. StateCourt of Criminal Appeals of Texas · 1986
  4. Bill Boyd Kuhn v. State, Texas Court of Appeals, 3rd District (Austin)2013
  5. Rachuig v. State, Texas Court of Appeals, 10th District (Waco)1998

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