Castaneda v. State

I respectfully concur and dissent.

This case involves the commission of two errors which the majority concludes are both harmless under Texas Rule of Appellate Procedure 81(b)(2).1 The first error involves the denial of appellant’s request under section 3(a)(5) of article 38.22 of the Texas Code of Criminal Procedure. After an appropriate analysis, the majority correctly concludes that the error was harmless under Texas Rule of Appellate Procedure 81(b)(2). I concur.

The second error, however, involves a denial of a much more fundamental right of the appellant. The trial court refused…