Olveda v. State

ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of robbery and punishment was assessed at ten years. The Court of Appeals reversed the conviction in published opinion, 625 S.W.2d 13, that sustained appellant’s only ground of error. The court held fundamental error was presented because the jury charge failed to include the statutory definition of the phrase “in the course of committing theft.” V.T.C.A., Penal Code Sec. 29.01(1).

The Court of Appeals relied on Rohlfing v. State, 612 S.W.2d 598, in reaching its decision. In that case a panel of this Court held…