Legal Opinion

Bell, Orlando

Court of Criminal Appeals of Texas

Decided December 8, 2021No. PD-1225-19Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1225-19 ORLANDO BELL, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS BURLESON COUNTY SLAUGHTER, J., filed a concurring opinion in which YEARY, J., joined. CONCURRING OPINION I agree with the Court’s conclusion that the defect in the punishment-phase jury instructions here constituted ordinary charge error, such that the error is subject to a harm analysis under Almanza 1 before reversal and a new punishment hearing is appropriate. 1

686 S.W.2d 157

(Tex. Crim. App. 1985) (op. on…

2Cases cited5 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  3. Reynolds v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  4. Niles v. StateCourt of Criminal Appeals of Texas · 2018
  5. United States v. Joshua Reshi DudleyCourt of Appeals for the Eleventh Circuit · 2021

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