Court of Criminal Appeals of Texas

In an appeal arising following a conviction for aggravated sexual assault of a child, a court of appeals ruling finding that although a jury charge was erroneous, defendant had not been egregiously harmed, is vacated as burdens of proof or persuasion have no place in a harm analysis conducted under Almanza, and thus, the court of appeals erred in placing a burden of proof on defendant.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

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

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Scott K. Stevens, Harker Heights, for Appellant., Larry W. Allison, District Attorney, Lampasas, Jeffrey L. Van Horn, State's Atty., Austin, for State.