Luis Torres v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § LUIS TORRES, No. 08-13-00027-CR § Appellant, Appeal from § v. 120th District Court § THE STATE OF TEXAS, of El Paso County, Texas § Appellee. (TC # 20120D02761) § DISSENTING OPINION The majority affirms Appellant’s conviction by relying on a rule that states any harm resulting from a trial court’s affirmative misinstruction of the jury on a defensive issue in a criminal trial is vitiated if the State can prove the defensive charge should have never been given in the first place. First, I am not persuaded that there is a solid…