Lohmuller v. State

I dissent to the refusal of the State’s petition for discretionary review. I would grant the State’s petition for discretionary review and reverse the judgment of the Court of Appeals. In Geesa v. State, 820 S.W.2d 154 (Tex.Cr.App.1991), a majority of this Court held that an instruction defining reasonable doubt should be given in all cases, even in the absence of an objection or request. I would hold that a trial court’s failure to instruct the jury on beyond a reasonable doubt as prescribed by Geesa now constitutes a jury charge error and, accordingly, is sub*85ject to harm analysis under…