Court of Criminal Appeals of Texas

When a defendant complains on appeal that a trial court erroneously denied a motion for new trial that alleged a claim of jury-charge error, he is not entitled to have the underlying jury-charge error reviewed under a different harm standard than would have applied to that error absent the motion for new trial.

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• David L. Botsford, Austin, for Appellant., Nick A. Moutos, Asst. Criminal District Atty., Lubbock, Matthew Paul, State's Atty., Austin, for State.