Joseph Clayton Francis, Appellant v. the State of Texas

Summary

The Court reversed the Court of Appeals, holding that the jury charge allowing a conviction on less than a unanimous verdict was erroneous because it combined separate acts of indecency with a child into a single disjunctive instruction, violating the unanimity requirement. The Court also affirmed that the appellant preserved the charge error under Article 36.15 and remanded for a harm analysis. Justice WOMACK filed a concurring opinion emphasizing the procedural context, and Justice JOHNSON filed a concurring opinion reiterating that each act is a separate offense.