Carter v. State

On Appellant’s Petition For Discretionary Review.

This is a “Rose harm” case. Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987). The facts of the case and circumstances of the aggravated sexual assault with a deadly weapon are set out in the opinion below in Carter v. State, 770 S.W.2d 604 (Tex.App.—Fort Worth 1989).

The Fort Worth Court of Appeals concluded that “the factors in this case indicate beyond a reasonable doubt the unconstitutional jury charge made no contribution to the punishment assessed.” Id., at 606. Certain particulars of its rationale are at odds with the findings and holdings…