Court of Criminal Appeals of Texas

Eugene Robert Vannortrick, Appellant v. the State of Texas

June 27, 20072007 Tex. Crim. App. LEXIS 865

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment, holding that when the record is silent or insufficient regarding a defendant's citizenship or immigration status, a trial court's failure to admonish the defendant about deportation consequences is not harmless error under Rule 44.2(b). The court also affirmed that appellate courts may consider reasonable inferences from the record, but the record here was insufficient to support such inferences.