Twine v. State

Appellant was charged with the offenses of resisting arrest and criminal trespass. At trial, appellant asked to make an opening statement immediately following the State’s opening statement. The trial judge denied the request. The Court of Appeals correctly determined the trial judge’s denial was error. Tex.Code Crim. Proc. Ann. art. 36.01(b). However, Court concluded the error was harmless under Tex.R.App. P. 81(b)(2). Twine v. State, 929 S.W.2d 685, 687 (Tex.App.—Eastland 1996). We granted review to determine the correctness of that conclusion. However, the majority now believes our…