Carlton Wood v. State

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0061-15 CARLTON WOOD, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS BEXAR COUNTY K ELLER, P.J., filed a dissenting opinion. The presumptions in R. 44.2(c)1 address certain more-or-less mechanical requirements in a trial. Courts employ the rule when an appellant complains for the first time on appeal about things like the failure of the clerk to file the jury charge before it is read to the jury. The rule seems to be something of a holdover from the days when appellate courts would…