Almanza v. State

*283OPINION

FENDER, Chief Justice.

On original submission this court issued an opinion affirming the conviction of Cipriano Ramon Almanza, Jr. for the offense of aggravated rape. On motion for rehearing this court reversed the conviction for “fundamental” error, issuing a short opinion concerning the use of “and” and/or “or” in indictments and/or jury charges. See Almanza v. State, 645 S.W.2d 885 (Tex.App.—Fort Worth 1988). The Court of Criminal Appeals has reversed our judgment (although admitting that it was correct when written) and instructed this court to reconsider our action to determine…