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OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

A jury found appellant, Benjamin Leon Blue, guilty of aggravated assault on a public servant. The jury assessed punishment at confinement for 10 years and a fine of $3,000. In the original appeal, we affirmed. Blue v. State, 983 S.W.2d 811 (Tex. App.-Houston [1st Dist.] 1998) (en banc), rev’d, 41 S.W.3d 129 (Tex. Crim. App. 2000).

The Court of Criminal Appeals granted appellant’s petition for discretionary review solely to determine whether we erred in holding that, by his failure to object, appellant failed to preserve his complaints about the trial judge’s comments to members of the venire at the beginning of the jury selection process. Blue, 41 S.W.3d at 129-30. The Court of Criminal Appeals reversed our judgment and remanded the case to us, presumably for a harm analysis. Id. at 133. In a four- judge opinion (two judges having concurred in the judgment only, and three judges having dissented), the court stated as follows: The comments of the trial judge, which tainted appellant’s presumption of innocence in front of the venire, were fundamental error of constitutional dimension and required no objection. Id. at 132. *fn1

 
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