Court of Criminal Appeals of Texas

Johnny Silva Jimenez, Appellant v. the State of Texas

September 13, 20002000 Tex. Crim. App. LEXIS 81

Summary

The Court of Criminal Appeals affirmed the judgment, holding that the proper standard for reviewing an unobjected constitutional error in a jury charge is the statutory harmless‑error standard of Article 36.19 of the Texas Code of Criminal Procedure, not the beyond‑a‑reasonable‑doubt standard of Rule 44.2(a). The Court therefore upheld the Court of Appeals’ decision and dismissed the State’s cross‑petition.