Moore v. State

OPINION

COHEN, Justice.

Appellant was found guilty by a jury of delivering cocaine, and the judge, after finding two enhancement paragraphs true, assessed punishment of 45 years in prison. We reverse and remand.

In his first point of error, appellant contends the trial judge erred by amending the jury charge after defense counsel had argued to the jury. Over objection, the judge added an instruction on the law of parties, even though defense counsel had already argued to the jury that appellant should be acquitted because he did not personally commit the crime, and the charge did not authorize…