Court of Criminal Appeals of Texas

Bobby Ray Rogers, Appellant v. the State of Texas

May 21, 20032003 Tex. Crim. App. LEXIS 91

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision and remanded the case. It held that a request for an "accident" instruction is not equivalent to a request for a "voluntary conduct" instruction, that the ambiguous request did not preserve error for appellate review, and that the Almanza "some harm" standard was improperly applied.