Archie, Julius

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0051-06

JULIUS ARCHIE, Appellant

v.

THE STATE OF TEXAS

ON STATE=S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

McLENNAN COUNTY

Keller, P.J., filed a concurring opinion.

The court of appeals made two major mistakes in its analysis.

The first mistake was compound in nature: the court of appeals misidentified the error being considered in this case, and as a result, erred in applying the Abeyond a reasonable doubt@ harm standard of Rule 44.2(a).[1] As Chief Justice Gray noted in his separate opinion, the question of whether the trial…