Schmutz v. State

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0530-13 RANDY SCHMUTZ, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS TITUS COUNTY A LCALA, J., delivered the opinion of the Court in which K ELLER, P.J., and P RICE, W OMACK, J OHNSON, H ERVEY, and C OCHRAN, JJ., joined. K EASLER, J., concurred. M EYERS, J., filed a dissenting opinion. OPINION In this case we are asked to decide whether a claim of venue error is subject to review for harm on appeal. We conclude that venue error at trial is subject to a review for harm by using…