Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The appellant was convicted in a single trial of two counts of indecency with a child and one count of sexual assault. His punishment was assessed at seven and eight years on the indecency charges and 15 years on the sexual assault charge. The court of appeals reversed and remanded. On appeal, appellant contended that the trial court erred by failing to grant his motion to sever the indecency with a child counts, to which appellant pleaded guilty, from the sexual assault count, to which appellant pleaded not guilty. The court of appeals held that the trial court abused its discretion by not granting the severance, because joining the cases for trial was unfairly prejudicial to appellant. The court of appeals held: “Having sustained ground two, we need not . . . perform a harm analysis for the errors admitted by the State in issues one and five. We reverse the three convictions, sever [the sexual assault count from indecency with a child counts] and remand the cause for a new trial on [the sexual assault count] and a new punishment hearing on the guilty pleas to [the indecency with a child counts].” HOLDING:The court vacates the judgment of the court of appeals, and remands to that court for reconsideration. The appellant contends that the failure to admonish him rendered his plea involuntary, and the proper remedy for an involuntary plea is a new trial, not merely a new punishment hearing. Ground two of the state’s petition argues that the court of appeals erred by not conducting a harm analysis of the error it found in the trial court’s failure to sever the offenses. In Cain v. State, 947 S.W. 2d 262 (1997), this court held that except for certain federal constitutional errors deemed structural by the U.S. Supreme Court, no error is categorically immune from a harm analysis. OPINION:Per curiam.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.