# Mann v. State

> Court of Appeals of Texas · December 12, 1996 · 937 S.W.2d 56

URL: https://www.frixlaw.com/law-library/cases/5091911

## Case

- **Full name:** Richard Paul Mann v. the State of Texas, State.
- **Court:** Court of Appeals of Texas
- **Decided:** December 12, 1996
- **Citations:** 937 S.W.2d 56; 1996 Tex. App. LEXIS 5708; 1996 WL 714882
- **Precedential status:** Published
- **Opinion:** Concurrence by Dauphinot
- **Judges:** Richards, Dauphinot
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5091911

## Opinion text

DAUPHINOT, Justice,
concurring.
Being more familiar with Almanza than I would prefer, I would point out that Alman-za involved a very similar charge error. The Almanza jury was instructed that whether they found beyond a reasonable doubt that he had committed “straight rape” or aggravated rape, they were to convict him of aggravated rape. Almanza v. State, 686 S.W.2d 157, 159 (Tex.Crim.App.1984). In light of the well-reasoned and well-written majority opinion, it would appear that today, Almanza no longer applies to Almanza .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5091911. Public record. Not legal advice.