Legal Opinion

French, Cody Darus

Court of Criminal Appeals of Texas

Decided December 19, 2018No. PD-0038-18PublishedCited by 49 opinions

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

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Ngo v. StateCourt of Criminal Appeals of Texas · 2005
  3. Lankston v. StateCourt of Criminal Appeals of Texas · 1992
  4. Arline v. StateCourt of Criminal Appeals of Texas · 1986
  5. Cosio v. StateCourt of Criminal Appeals of Texas · 2011

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3Cited by49 opinions

  1. Adrian Alexandrew Castilleja v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2022
  2. Adrian C. Gonzalez v. the State of Texas, Texas Court of Appeals, 13th District2024
  3. Alberto Torres v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2024
  4. Alejandro Caballero v. the State of Texas, Texas Court of Appeals, 13th District2021
  5. 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.

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