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.