McGowen v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of murder and sentenced to confinement for fifteen years. The Court of Appeals reversed the conviction because the trial court refused Appellant’s request to make an opening statement, and it held this error is not subject to a harm analysis. McGowen v. State, 944 S.W.2d 481 (Tex.App.—Houston [14th Dist.] 1997).

The State filed a petition for discretionary review. In ground two of its petition, the State argues the Court of Appeals erred by failing to conduct a harm analysis. At the time the Court of Appeals handed…