Court of Criminal Appeals of Texas

Robert Paul Jenkins, Appellant v. the State of Texas, Appellee

November 4, 19871987 Tex. Crim. App. LEXIS 693

Summary

The Court reversed the murder conviction because the trial judge failed to place the burden on the prosecution to prove the absence of sudden passion, constituting fundamental error, and remanded for a new trial. It affirmed the revocation of all four probation sentences, finding the State met its preponderance of evidence burden that the appellant violated condition a. Two dissenting opinions criticized the majority's analysis of the jury charge and the handling of the sudden‑passion issue.