Court of Criminal Appeals of Texas

Marcelino Aguirre-Mata, Appellant v. the State of Texas

May 26, 19991999 Tex. Crim. App. LEXIS 55

Summary

The Court of Criminal Appeals held that a trial court's failure to admonish a defendant of the statutory range of punishment under article 26.13(a)(1) is a statutory error, not a constitutional one, and therefore must be reviewed under Rule 44.2(b). It vacated the Court of Appeals' judgment and remanded for a proper harm analysis under that subsection.