Legal Opinion

Garrett v. State

Court of Appeals of Texas

Decided December 19, 1985No. 01-85-0497-CRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

EVANS, Chief Justice.

A jury found appellant guilty of aggravated sexual assault, found two enhancement *725paragraphs alleging prior convictions were true, and assessed punishment at imprisonment for life.

We affirm.

Appellant’s sole ground of error alleges that the court’s charge was fundamentally defective because it permitted a conviction without the finding of a culpable mental state. The portion of the charge that the appellant claims is defective reads as follows:

Now, if you find from the evidence beyond a reasonable doubt that on or about the 29th day of December, 1984, in Harris…

2Cases cited3 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Grice v. State, Texas Court of Appeals, 5th District (Dallas)1982
  3. Tatum v. StateCourt of Appeals of Texas · 1983

3Cited by1 opinion

  1. Raymond Luis Hooker v. State, Texas Court of Appeals, 1st District (Houston)2008

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