Bogany v. State

I respectfully dissent. The majority has predicated its reasons for overruling the appellant’s ground of error three on the following observations and conclusions. First, the majority states that the appellant failed to object to the incorrect charge at the trial stage and hence waived the right to complain of it on appeal. Second, the majority is of the opinion that the error was harmless and hence not fundamental. Finally, it concluded that the error could be cured by simply reforming the judgment by cutting off the unauthorized fine assessed by the jury and otherwise affirming the trial…