Sanchez v. State

OPINION

in which KELLER, P.J., PRICE, WOMACK, KEASLER and HOLCOMB, JJ„ joined.

We granted appellant’s sole question for review to decide “[w]hat is the appropriate test for harm when the State is allowed to improperly commit jurors to a set of facts?” We hold that the proper test for harm is that set out in Rule 44.2(b) of the Texas Rules of Appellate Procedure,1 and that reviewing courts should use an appropriately tailored set of factors to determine whether the defendant’s substantial rights have been affected. Because the court of appeals did not expressly rely upon Rule 44.2(b) or have the…