Gary Carson v. State

Dissenting Opinion by

Justice Burgess

I agree that Carson has not waived his right of appeal under Rule 25.2 of the Texas Rules of Appellate Procedure and that the trial court erred in relying on the Rule 404(b) notices in the clerk’s file in deciding the sentence in this case. I disagree with the majority’s conclusion that the trial court’s error was structural, con*387stitutional, and/or harmful and that we are required to reverse Carson’s sentence and remand the case for a new punishment hearing. Therefore, I respectfully dissent.

I. Introduction and Issues Presented

The United States Supreme…