Jennings v. State

OPINION

in which MEYERS, PRICE, WOMACK, JOHNSON, KEASLER, HERVEY and HOLCOMB, JJ., joined.

This case presents a simple question: is the verdict form a part of the jury charge?1 It is. Therefore, if the verdict form contains mistakes or omissions, those errors are analyzed for harm under the Almanza2 standards of review. We reverse the court of appeals, which stated that a verdict form is not part of the jury charge and held that if a defendant fails to object to the omission of a “not guilty” option on the verdict form, she fails to preserve any complaint on appeal.3

I

Appellant was indicted for…