Summary
finding egregious harm where the trial court instructed the jury that the minimum sentence was two years and the maximum was ten years but failed to tell the jury of the alternative then available, confinement in a community correctional facility for a term of not more than one year
Summary of this case from Flores v. StateOpinion
No. 993-91.
October 30, 1991.
Appeal from the 228th Judicial District Court, Harris County, Ted Poe, J.,
Michael B. Charlton, on appeal only, Houston, for appellant.
John B. Holmes, Jr., Dist. Atty., Carol M. Cameron, Kimbra Ogg, Asst. Dist. Attys., Houston and Robert Huttash, State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
A jury convicted appellant of causing injury to a child and assessed punishment at confinement for five years and a fine of $10,000.00. The Court of Appeals reversed the conviction. Coody v. State, 812 S.W.2d 631 (Tex.App. — Houston [14th], 1991). The State filed a petition for discretionary review contending, inter alia, that the Court of Appeals should have conducted a harm analysis after finding error in the denial of appellant's right to confrontation.
We summarily grant ground one of the State's petition for discretionary review and remand this cause to the Court of Appeals to conduct a harm analysis on the issue of a denial of appellant's right to confrontation. See Delaware v. Van Arsdall, 475 U.S. 673, 106 S.Ct. 1431, 89 L.Ed.2d 674 (1986).