Raul Rodriguez v. State

OPINION

Rebeca Huddle, Justice

A jury convicted Appellant Raul Rodriguez of murder and sentenced him to 40 years’ confinement, rejecting his claim that he shot his neighbor, Kelly Danaher, in self-defense. Rodriguez and the State agree that the trial court’s charge included erroneous instructions regarding a qualification on self-defense, but they disagree about whether reversal is warranted. We conclude that it is, and we reverse and remand for a new trial.

Background

In the early morning of May 2, 2010, Harris County police responded to reports of a weapons disturbance in a rural neighborhood.…