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.