Carriera v. State

OPINION

MILLER, Judge.

This is an appeal from a conviction of aggravated rape. The appellant was found guilty after a jury trial and punishment was assessed by the court at 15 years and one day in prison.

Appellant complains on appeal that the prosecutor engaged in misconduct which resulted in a denial of due process; there was fundamental error in the jury charge; and the trial court erred in denying appellant’s motion to suppress the victim’s in-court identification.

We find it unnecessary to address appellant’s other grounds of error inasmuch as we note unassigned fundamental error in the…