Flores v. State

Flores’s only complaint on the appeal from his conviction for murder was that the court’s charge to the jury erroneously limited the jury’s consideration of his defense of self-defense by including an instruction on the law of provocation (“The use of force against another [in self-defense] is not justified ... if the actor provoked the other’s use or attempted use of unlawful force”). 1 The Court of Appeals agreed that giving the charge was error, but found that it was harmless. 2 In doing so, it applied the standard for harmless error in Rule of Appellate Procedure 44.2(b): “Any other [than…