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Appellant cannot prevail on his claim that the jury charge caused him egregious harm. "If he wishes to stipulate to those prior convictions and take that factual element away from the jury, then he cannot later complain that his trial was fundamentally unfair because the jury did not have an opportunity to decide that uncontested element."
July 10, 2006 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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