Warner v. State

in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN JJ., joined.

A jury convicted the appellant of two offenses of aggravated sexual assault of a child. The appellant claimed on appeal that error in the jury charge permitted the jury to convict him on less than a unanimous verdict. The Third Court of Appeals affirmed, finding error but holding that the appellant had not been egregiously harmed.1 On petition to this Court, the appellant challenges the Court of Appeals’ harm analysis. We vacate and remand.

The appellant was indicted for acts against two girls (his stepdaughter…