Zarco v. State

MAJORITY OPINION

WANDA McKEE FOWLER, Justice.

In this appeal from a jury’s guilty verdict of indecency with a child, we are asked to find egregious harm from the trial court’s failure to give a reasonable doubt instruction at the punishment phase of trial. We also are asked to decide if the State timely identified its outcry witness when the proper notice was given only thirteen days before the jury was sworn but fourteen days before evidence was first received.

We conclude that appellant was not egregiously harmed by the lack of a reasonable doubt instruction because the weight of the evidence…