Khan v. State

OPINION

FABE, Justice.

I. INTRODUCTION

Petitioner Izaz Khan was indicted on one count of perjury based on four allegedly false statements made in a financial affidavit. At trial, the court instructed the jury, without objection from Khan, that they did not need to be unanimous regarding which statements were false. The jury convicted Khan.

The court of appeals affirmed, concluding that even assuming the instruction was erroneous, the error would not rise to the level of plain error. The court of appeals reasoned that any error was not prejudicial because Khan had presented a single defense that…