Krajcovic v. State

A jury convicted the appellant of murder. Appellant argues that the trial court presumed an August 2007 date of death and improperly instructed the jury only on the law as it stood prior to September 1, 2007. The "castle doctrine" became effective Sept. 1, 2007. It relieves a person of the duty of retreating when he is justified in using deadly force against another in self-defense or defense of a third person and he has a right to be present at the location where the deadly force is used, has not provoked the person against whom the deadly force is used, and is not engaged in criminal activity at the time the deadly force is used. Trial counsel timely objected to the trial court's omission of the "castle doctrine" instruction. Appellant suffered some harm as a result of the erroneous charge. The trial court's judgment is reversed and remanded. Krajcovic v. State, Fort Worth Court of Appeals, No. 02-09-00020-CR, 08-31-2011.

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OPINION ON APPELLANT’S MOTION FOR EN BANC RECONSIDERATION

A jury convicted Appellant Paul Krajcovic of murder and assessed his punishment at fifty-five years’ confinement. The trial court sentenced him accordingly. Appellant brings a single point on appeal, arguing that the trial court reversibly erred by submitting to the jury “a charge that improperly limited it to finding that an offense occurred prior to September 1, 2007 (the effective date of the Castle Doctrine).” Appellant argues that the date of the offense was a fact issue to be determined by the jury in order for the jury to further determine whether he had a duty to retreat. On original submission, we held that the trial court did not err by instructing the jury and affirmed the trial court’s judgment. Appellant subsequently filed a motion for en banc reconsideration. This court denies Appellant’s motion in a separate order today, but on our own motion, we withdraw our original opinion and judgment of July 29, 2010, and substitute the following.

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