Tommy Trevino, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' decision that the trial judge erred in denying a sudden passion instruction at sentencing and that the error was not harmless, remanding for a new sentencing hearing with the proper instruction. The Court held that any evidence, even if weak or impeached, that raises the issue of sudden passion requires a charge, and that the omission caused reversible error. Justice Keasler, in a concurring and dissenting opinion, argued the error was harmless and would have reinstated the conviction.