Court of Criminal Appeals of Texas

Randy Williams, Appellant v. the State of Texas, Appellee

March 10, 19931993 Tex. Crim. App. LEXIS 56

Summary

The Court held that the accused bears the burden of production and the State the burden of persuasion on the safe‑release issue under Penal Code §20.04(b), and that the trial court’s erroneous instruction that aggravated kidnapping was a first‑degree felony did not cause egregious harm, so the convictions and sentences were affirmed. The Court also affirmed the aggravated sexual assault conviction. Justice Clinton dissented, arguing the error was not harmless and that the petition should not have been granted.