Ronnie Joe Neal, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals reversed the trial court’s conviction for possession of a deadly weapon, but the Texas Court of Criminal Appeals held that the appellate reversal was improper because the appellant never raised a prosecutorial vindictiveness claim in the trial court, violating Rule 33.1(a); therefore the appellate court’s decision was reversed and the trial court’s judgment affirmed. Justice WOMACK dissented, arguing the claim was timely, specific, and ruled on, and would remand for reconsideration.