French, Cody Darus
Court of Criminal Appeals of Texas
1Opinion of the CourtYeary, J.
The Eleventh Court of Appeals reversed Appellant's conviction for aggravated sexual assault of a child. French v. State , 534 S.W.3d 693 (Tex. App.-Eastland 2017). The court of appeals held that the trial court erred in not giving a unanimity instruction to the jury as to which orifice Appellant penetrated with his sexual organ. Id. at 697 . The court of appeals concluded that Appellant properly objected to the instruction, and it applied a "some harm" analysis under Almanza . See Almanza v. State , 686 S.W.2d 157 , 171 (Tex. Crim. App. 1985) (op. on reh'g) (construing Article 36.19 of the…
2Cases cited15 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Ngo v. StateCourt of Criminal Appeals of Texas · 2005
- Lankston v. StateCourt of Criminal Appeals of Texas · 1992
- Arline v. StateCourt of Criminal Appeals of Texas · 1986
- Cosio v. StateCourt of Criminal Appeals of Texas · 2011
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3Cited by49 opinions
- Adrian Alexandrew Castilleja v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2022
- Adrian C. Gonzalez v. the State of Texas, Texas Court of Appeals, 13th District2024
- Alberto Torres v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2024
- Alejandro Caballero v. the State of Texas, Texas Court of Appeals, 13th District2021
- Amir Ali Sharif v. the State of Texas, Texas Court of Appeals, 14th District (Houston)2022
44 more not listed; retrieve them via the Exa API.