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

Summary

The Court affirmed the appellate court's judgments, 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 constitutes constitutional error requiring reversal unless the error is harmless beyond a reasonable doubt. The Court applied its prior decision in O’Neal and rejected the State's reliance on Steele and McNutt. Justice Keller filed a concurring opinion disagreeing with the majority's timing analysis for the election rule.