Schmutz, Randy

Death Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0530-13

RANDY SCHMUTZ, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

TITUS COUNTY

Alcala, J., delivered the opinion of the Court in which Keller, P.J., and Price, Womack, Johnson, Hervey, and Cochran, JJ., joined. Keasler, J., concurred. Meyers, J., filed a dissenting opinion.

O P I N I O N

In this case we are asked to decide whether a claim of venue error is subject to review for harm on appeal. We conclude that venue error at trial is subject to a review for harm by using…