Igo v. State

PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

When a defendant complains on appeal that the trial court erroneously denied a motion for new trial that alleged a claim of jury-charge error, is he entitled to have the underlying jury-charge error reviewed under a different harm standard than would have applied to that error absent the motion for new trial? We answer that question “no.”

I. BACKGROUND

Appellant was a teacher in Odessa. On January 28, 2000, he and a fifteen-year-old female student drove to Lubbock. While in Lubbock, they had sex at a motel, and it is that…