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 held that the trial court erred by failing to apply the self‑defense instruction to the facts, but that error is a state‑law error reviewed under the Almanza "egregious harm" standard, not a federal constitutional error, and remanded for an egregious‑harm analysis. The Court also affirmed that a trial court has no duty to sua sponte charge unrequested defenses and that the proper standard of review is Almanza.