Court of Criminal Appeals of Texas
Carlos Rodriguez, Appellant v. the State of Texas, Appellee
October 19, 19881988 Tex. Crim. App. LEXIS 186
Summary
The Texas Court of Criminal Appeals held that failure to object to an unconstitutional jury charge does not waive error and that Rule 81(b)(2) of the Texas Rules of Appellate Procedure, not the Almanza test, governs the harmless error analysis, vacating the lower court's judgment and remanding for further proceedings.