Hardy v. State

OPINION

SEARS, Justice.

Appellant was convicted of two offenses of aggravated rape and was assessed punishment of fifty years confinement for each offense. He appeals each conviction alleging that the jury charges were fundamentally defective, that the evidence was insufficient to convict him of one of the offenses and that the trial court erred in failing to include the lesser included charge of rape in connection with one offense. Although Appellant’s guilt in both cases is clear and convincing, we must reverse Appellant’s convictions and remand for new trial because of fundamental error in…