Solis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW AND APPELLANT’S CROSS-PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of burglary of a habitation. The jury assessed his punishment at twenty-five years imprisonment. On direct appeal appellant argued the trial court committed error by not instructing the jury that one of the State’s witnesses was an accomplice as a matter of law. Appellant’s trial counsel did not request that an accomplice witness instruction be given to the jury.

The Court of Appeals held that it was error to fail to give the accomplice…