Robinson v. State

OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

Withdrawn is the prior panel opinion. It believed that the jury instruction applying the law of aggravated robbery to the facts of this case, which deleted the word “imminent” from one of the essential elements of robbery as alleged — that the accused threatened or placed the complaining witness in fear of imminent bodily injury or death — constituted fundamental error. The panel treated the omitted word as tantamount to omission of that entire element of the proscribed conduct as set out above. Upon reconsideration, we believe the…