Ruiz v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of murder and sentenced to life imprisonment. V.T.C.A. Penal Code, § 19.02(a)(1).

Relying on Cobarrubio v. State, 675 S.W.2d 749 (Tex.Cr.App.1983), and noting our opinion on original submission in Jenkins v. State, 740 S.W.2d 435 (Tex.Cr.App. 1983), the Austin Court of Appeals found unassigned fundamental error in the authorization paragraph of the trial court’s instruction to the jury on murder. Ruiz v. State, 691 S.W.2d 90, 92 (Tex.App.—Austin 1985). It then determined that, on the facts…