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694 S.W.2d 47

Martinez v. State

Court of Appeals of Texas

Decided February 28, 1985

Court of Appeals of Texas · decided 1985-02-28

Cited by 1 later decisions — most recently August 1986

1 state decisions

Relies on Almanza v. State · Cumbie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-28

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¶1OPINION ON REHEARING

¶2We are aware of the recent decision of the court of Criminal Appeals in Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985) which overrules Cumbie v. State, 578 S.W.2d 732 (Tex.Crim.App.1979) in the following language:

“To the extent that it holds any charge error requires ‘automatic’ reversal, Cumbie v. State, 578 S.W.2d 732 (TEX.CRIM.APP.1979) is overruled, as are all of the opinions inconsistent herewith.”

¶3This we cite as further, and more all-encompassing, authority for overruling appellant’s second ground of error. We have reconsidered appellant’s arguments in light of Almanzaand adhere to our original disposition. The judgment of the trial court is AFFIRMED.

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