Robert Steven Phillips and Henry Daniel Farr, Appellants v. the State of Texas

Summary

The Court affirmed the appellate court's reversal of the sexual assault convictions, holding that a trial court must order the State to elect the specific transaction it will rely upon for conviction at the close of the State's evidence upon a timely request, and that failure to do so is constitutional error requiring reversal unless the error is shown beyond a reasonable doubt to be harmless. Justice Keller, concurring, agreed with the result but argued that the timing rationale for the election rule should be limited to the notice interest.