Dixon v. State

in which WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

What kind of harm analysis is appropriate when a trial court errs by refusing a defendant’s request to require the State to elect from among multiple offenses? How is it to be employed? The Court of Appeals found harm under a constitutional-error harm analysis and reversed the conviction. We find that the Court of Appeals erred in the manner of its analysis, and we reverse its judgment.

I. BACKGROUND

A. Trial

Appellant was indicted for aggravated sexual assault of a child. The victim was appellant’s niece, who was six years old…