Shorten v. State

I respectfully dissent. The majority, while espousing a harm analysis under Rule 81(b)(2) is, in my opinion, utilizing the Almanza harm analysis. There is a difference between the so-called “harmless error” standard applied by the majority and the requirement that this court find beyond a reasonable doubt that the error made no contribution to the punishment. The majority, in fact, finds that “the facts of this case militate in favor of, if anything, a harsher sentence than was actually assessed,” indicating appellant would be required to show how she was harmed. The burden is actually upon…