Romo v. State

OPINION ON THE STATE’S MOTION FOR REHEARING

DALLY, Judge.

On the appellant’s motion for rehearing a majority of the Court held that in the interest of justice unassigned error required a reversal of the judgment. The trial court’s failure to submit a charge to the jury applying the law of parties to the facts of the case was held to be fundamental error. We now hold that in the absence of an objection, when the trial court fails to apply the law of parties to the facts of the case, it is not fundamental error.

A charge on the law of parties enlarges a defendant’s criminal responsibility. The…