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I have a jury trial next week and I am working on the charge. He is charged with aggravated assault causing SBI. I have given notice of a deadly weapon finding--but I failed to place the notice in the indictment. If anyone has a sample jury charge that deals with this unique situation my email is coatty@cmaaccess.com. | ||
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Member |
The form of notice shouldn't change anything about the jury charge. Notice of a DW finding need not come from the indictment. | |||
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Member |
I think the charge will be the same as otherwise except that finding the defendant "guilty as charged in the indictment" will not encompass a DW finding. You will definitley need a special issue. Side issue: because the DW is not plead in the indictment, can/must the D be arraigned on the special issue? | |||
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