Court of Criminal Appeals of Texas
Omar Barrera, Appellant v. the State of Texas
October 7, 19981998 Tex. Crim. App. LEXIS 128
Summary
The Court of Criminal Appeals of Texas held that the trial court's failure to apply a self‑defense instruction to the facts was error, but not a federal constitutional error; the proper review is under the Texas Almanza standard, requiring an egregious‑harm analysis. Accordingly, the Court reversed the Court of Appeals' reversal and remanded for further analysis. Two dissenting judges criticized the majority's handling of the State's petition.