Johnson v. State

Court of Criminal Appeals of Texas

Johnson v. State

688 S.W.2d 560, 1985 Tex. Crim. App. LEXIS 1339

CourtCourt of Criminal Appeals of Texas

DecidedApril 24, 1985

DocketNo. 357-82

StatusPublished

Cited by1 cases

This text of 688 S.W.2d 560 (Johnson v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnson v. State, 688 S.W.2d 560, 1985 Tex. Crim. App. LEXIS 1339 (Tex. 1985).

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Opinions

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of attempted rape and assessed punishment at seven years’ confinement and a $5,000 fine. The court of appeals for the first supreme judicial district affirmed the conviction. We granted appellant’s petition for discretionary review to address alleged fundamental error in the charge.

In accord with our decision in Almanza v. State, 686 S.W.2d 157 (opinion on rehearing — delivered February 27, 1985), we remand this case to the court of appeals for further proceedings consistent with our opinion in Almanza.

ONION, P.J., and W.C. DAVIS, J., dissent to the remand.

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