Gilliam v. State

OPINION ON REMAND

SAM BASS, Justice.

The appellant was found guilty by a jury of aggravated sexual assault with punishment assessed at 65 years. This Court affirmed the appellant’s conviction. Appellant filed a petition for discretionary review. The Texas Court of Criminal Appeals granted the petition and has remanded with instructions to conduct a harmless error analysis based on an erroneous jury instruction, pursuant to Rose v. State, 752 S.W.2d 529 (Tex.Crim.App.1988) (op. on reh’g) (hereinafter Rose II) and Tex.R.App. P. 81(b)(2).

We affirm.

The trial court submitted an instruction on the…