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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.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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The form of notice shouldn't change anything about the jury charge. Notice of a DW finding need not come from the indictment.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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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?
 
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002Reply With QuoteReport This Post
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