Aguirre-Mata v. State

I cannot fault the court of appeals for conducting the Rule 44.2(b)1 harm analysis this Court instructed it to perform on remand. However, regardless of whether I believe this Court’s initial opinion was correctly decided, the appellant, at least on remand, raised, as harm, the constitutional claim this Court found he failed to adequately raise previously. Therefore, I would remand the case to the court of appeals to perform an analysis in line with this opinion. Because the majority does not agree, I must dissent.

Additionally, the court of appeals’ harm analysis under Rule 44.2(b) was…