Texas Fourteenth Court Of Appeals has issue the following-
June 4, 2015
JUDGMENT
The Fourteenth Court of Appeals
JAMES ALAN JENKINS, Appellant
NO. 14-13-00662-CR V.
THE STATE OF TEXAS, Appellee
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This cause was heard on the transcript of the record of the court below. The
record reveals error in the judgment. The Court orders the judgment REVERSED
and REMANDED for further proceedings in accordance with its opinion.
We order THE STATE OF TEXAS to pay all costs incurred in this appeal.
We further order this decision certified below for observance
It is well settled that the constitutionality of a statute is not to be determined unless such a determination is absolutely necessary to decide the case. See, e.g., Turner v. State, 754 S.W.2d 668, 675 (Tex. Crim. App. 1988); Coberly v. State, 644 S.W.2d 734, 735 (Tex. Crim. App. 1983) (per curiam). Because we are reversing and remanding the case based on charge error, it is unnecessary to address Jenkins’s constitutional issue. See Coberly, 644 S.W.2d at 735
