Opinion

Shearer v. State

  • 768 S.W.2d 926
  • 1989 Tex. App. LEXIS 1355
  • 1989 WL 49860
Court
Court of Appeals of Texas
Filed
Apr 12, 1989
Status
Published
Author
Biery
On the bench
Biery, Butts, Cadena, Carr, Chapa, Peeples, Reeves
Cited by
0 cases

The opinion

BIERY, Justice

concurring in dissenting opinion.

The practical effect of TEX.R.APP.P. 81(b)(2) is that each appellate justice must look at the facts and circumstances of each particular case and to come to her or his own personal conclusion, beyond a reasonable doubt, that the conviction or punishment would have been the same even if the error had been deleted. Reasonable minds obviously will differ in applying this rather amorphous standard. Each decision maker will bring his or her own life experiences to the process.

In this case, a Gillespie County jury heard all of the evidence of the delivery of drugs as set forth fully and completely by Justices Chapa and Butts. Given that evidence and all of the facts and circumstances, I can say, beyond a reasonable doubt, that the jury would have given the same punishment even if the erroneous parole instruction had been deleted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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