Jerry Lavon Boyett, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed the amended judgment, holding that the jury charge was not fundamentally defective, that the trial court did not abuse its discretion in denying a new trial, and that the affirmative finding of a deadly weapon must be stricken. A concurrence agreed with the result but questioned the majority's reliance on Almanza for the charge error review.