Court of Criminal Appeals of Texas

Charles Ray Doyle, Appellant v. the State of Texas, Appellee

April 28, 19821982 Tex. Crim. App. LEXIS 916

Summary

The Court reversed the felony firearm conviction because the jury charge omitted the required culpable mental state element, a fundamental error that mandates reversal. The case was remanded for further proceedings. Justice McCormick dissented, arguing the per se rule of fundamental error is unfounded, while Justices Douglas and Clinton also dissented and concurred respectively, each addressing the adequacy of the charge.