Daugherty v. State

OPINION ON REMAND

DAY, Justice.

On original submission to this court, we reversed the trial court’s judgment and remanded this case for new trial based on the trial court’s misuse of the inevitable discovery doctrine. See Daugherty v. State, 876 S.W.2d 522, 525 (Tex.App.—Fort Worth 1994), vacated, 931 S.W.2d 268 (Tex.Crim.App.1996). On petition for discretionary review to the court of criminal appeals, that court determined that we were correct in finding trial court error, but remanded to us to conduct a harm analysis under former appellate rule 81(b)(2). See Tex.R.App. P. 81(b)(2), 49 Tex.…