Higginbotham v. State

OPINION ON STATE’S AND APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant, Neil Wayne Higginbotham, was convicted of murder and sentenced to 50 years in the Texas Department of Corrections.1 The Fourteenth Court of Appeals reformed the judgment to delete the affirmative finding, and affirmed appellant’s conviction. Higginbotham v. State, 769 S.W.2d 265 (Tex.App. — Houston [14th] 1989, pet. granted). We granted appellant’s petition for discretionary review to decide:

Whether the Court of Appeals utilized the proper methodology for analyzing harm when an illegally obtained…