stating that the instruction is “clearly designed to increase [the] sentence” (quoting Gabriel v. State, 756 S.W.2d 68, 70 (Tex. App.—Houston [1st Dist.] 1988, no pet.) (op. on reh’g)); Grigsby v. State, 833 S.W.2d 573, 576 (Tex. App.—Dallas 1992, pet. ref’d) (same
How later courts described this case
- stating that the instruction is “clearly designed to increase [the] sentence” (quoting Gabriel v. State, 756 S.W.2d 68, 70 (Tex. App.—Houston [1st Dist.] 1988, no pet.) (op. on reh’g)); Grigsby v. State, 833 S.W.2d 573, 576 (Tex. App.—Dallas 1992, pet. ref’d) (same
- State has burden of proof to establish plurality in Walton further held that [HN25] it is not un- harmless error under Tex. R. App. P. 81(b)(2
- “[A]s beneficiary of the error the State has the burden to show beyond a reasonable doubt that the error did not contribute to the verdict on punishment.”
- under the former Rule 81(b)(2), “as beneficiary of the error the State has the burden to show beyond a reasonable doubt that the error did not contribute to the verdict on punishment”
Written by the judges who cited it.
The opinion
McCORMICK, Presiding Judge,
concurring and dissenting.
A.
Arnold v. State
I concur in the result of the Court affirming the Dallas Court of Appeals based on my dissenting opinions in Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987).
B.
Gaines v. State
I concur in the result of the Court affirming the San Antonio Court of Appeals based on my dissenting opinions in Rose v. State, 751 S.W.2d 529 (Tex.Cr.App.1987).
C.
Hooper v. State
I dissent from the judgment of the Court affirming the Houston [1st] Court of Appeals based on my dissenting opinions in *327 Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987).
D.
Payne v. State
I dissent from the judgment of the Court reversing the Dallas Court of Appeals based on my dissenting opinions in Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987).
E.
Taylor v. State
I concur in the result of the Court affirming the Dallas Court of Appeals based on my dissenting opinions in Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987).