Kinsey v. State

I agree with the majority that appellant’s conviction should be affirmed. However, I write separately because I disagree with much of the majority’s analysis of appellant’s second proposition of error.

For his second proposition, appellant contends that the trial court erred by refusing to give his requested theory of defense instruction. The majority is correct in stating that appellant failed to properly preserve this issue for review and such failure waives all but fundamental error. Because the instructions given fairly and accurately stated the applicable law, appellant’s second…