State v. McKnight

OPINION

A jury found Appellee guilty of disorderly conduct. The trial court then granted Appellee’s motion for new trial, and the State appealed. The Court of Appeals affirmed based on its conclusion that the harm standard set forth in Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984), does not apply to jury-charge errors presented in a motion for new trial. State v. McKnight, — S.W.3d-, 2006 WL 2955324 (Tex.App.-San Antonio, No. 04-05-00295-CR, delivered October 18, 2006).

The State has filed a petition for discretionary review contending that the Court of Appeals erred in its analysis.…