Brown v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellant was convicted of arson and his punishment assessed at confinement in the penitentiary for a period of thirty-five years. The Court of Appeals affirmed. Brown v. State, 800 S.W.2d 569 (Tex.App.—Dallas 1990). We granted appellant’s petition for discretionary review to decide whether a violation of Article 28.-10(b), V.A.C.C.P. is subject on appeal to a harm analysis under Tex.R.App.Pro. 81(b)(2). We hold that it is not.

The indictment in this cause alleged “Yo-lander Evette Weeks” as owner of the habitation in…