Opinion

Brown, Coy, Jr.

Court
Court of Criminal Appeals of Texas
Filed
Jun 15, 2005
Status
Published
Cited by
0 cases

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0701-04

COY BROWN Jr., Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

EDWARDS COUNTY

The opinion was delivered per curiam. Keller , P.J. , filed a dissenting opinion in

which Cochran and Holcomb, JJ., joined .

O P I N I O N

Appellant was convicted of aggravated assault with a deadly weapon. The Court of

Appeals reversed and remanded to the trial court for a new trial. Brown v. State , No. 04-03-00009-CR (Tex. App.--San Antonio March 3, 2004) (not designated for publication).

We granted discretionary review to address whether the trial court erred in including

a culpable mental state in the jury instructions that was not alleged in the indictment. We

further granted review to determine whether the Court of Appeals erred in finding egregious

harm. We have determined that our decision to grant review was improvident. Therefore,

the petition is dismissed.

DATE DELIVERED: June 15, 2005

DO NOT PUBLISH

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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