Tommy Trevino, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals held that the trial judge erred in refusing to give a sudden passion instruction at the punishment phase and reversed the trial court's judgment as to punishment, remanding for a new sentencing hearing. Justice Keasler, in a concurring‑in‑part/dissent‑in‑part opinion, argued the error was harmless and would have reversed the Court of Appeals.