Bernardino Mercado Aka “nino”, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the lower appellate court's judgment, holding that the trial court's improper jury instruction did not constitute egregious error, that the trial court had jurisdiction to make an affirmative finding of deadly weapon use and the appellant failed to preserve error, and that the appellate court should not have altered the judgment to attribute the finding to the jury. The Court applied the egregious‑harm standard and found no reversible error on any ground.