Long v. State

OPINION

in which KELLER, P.J., MEYERS, WOMACK, JOHNSON, and HERVEY, JJ., joined.

We reversed this case and remanded it to the Court of Appeals for it to conduct a harm analysis. 1 In response, in a two-page opinion, the Court held that the error was non-constitutional and harmful. 2 Since the error was a Fourth Amendment violation (constitutional error), and since the harm analysis is inadequate, we remand the case to the Court for further analysis.

Since the error was constitutional, the Court of Appeals should have used the harm standard set forth in Texas Rules of Appellate Procedure 44.2(a).…