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 under Penal Code §20.04(b) the accused bears the burden of production on the issue of safe release, while the State bears the ultimate burden of persuasion beyond a reasonable doubt, and that the trial court's erroneous jury instruction did not cause egregious harm, so the convictions were affirmed. Justice Clinton dissented, arguing the error was egregious and warranted reversal.