Jose Guadalupe Rodriguez Elizondo, Appellant v. the State of Texas

Summary

The Court reversed the Thirteenth Court of Appeals and remanded for a new trial because the trial court erred by giving a provocation instruction without sufficient evidence under Smith v. State and because that error caused the appellant some harm. The Court also held the trial court erred in omitting certain statutory presumption language in the self‑defense instruction, though that omission did not affect the outcome. Justice KEASLER dissented, arguing the case should be remanded for a harm analysis rather than reversed.