Fain v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

TOM G. DAVIS, Judge.

The jury returned a verdict of guilty of rape, and found the enhancement allegations true. As mandated by the statute in effect at the time of appellant’s trial, the trial court assessed life imprisonment. The Eighth Court of Appeals (El Paso) affirmed. Fain v. State, 688 S.W.2d 235 (1985). The Court of Appeals found that appellant’s claim that the evidence was insufficient to prove an element of the enhancement allegations was actually a claim of error in the jury charge, and held that, under Almanza v. State, 686…