Court of Criminal Appeals of Texas
Robert Paul Jenkins, Appellant v. the State of Texas, Appellee
November 4, 19871987 Tex. Crim. App. LEXIS 693
Summary
The Court reversed the murder conviction and remanded for a new trial because the trial court's jury charge failed to place the burden on the State to prove the absence of sudden passion, constituting a due‑process error. The Court affirmed the lower court's orders revoking the appellant's four probations, finding the revocations supported by a preponderance of evidence. Separate dissenting opinions argue that the Cobarrubio error remains fundamental and that the majority erred in overturning the conviction.