Court of Criminal Appeals of Texas
Ronnie Joe Neal, Appellant v. the State of Texas
November 17, 20042004 Tex. Crim. App. LEXIS 1976
Summary
The Court held that the appellate court erred in reversing the trial court’s conviction because the appellant never raised a prosecutorial vindictiveness claim in the trial court, thereby forfeiting the issue under Texas Rule of Appellate Procedure 33.1(a). Accordingly, the Court reversed the appellate decision and affirmed the trial court’s judgment. Justice WOMACK dissented, arguing the claim was timely and specific and should be remanded.