Denied. Because the defendant was ultimately convicted of the extraneous offense, the error of the Court of Appeal was harmless. Nevertheless Arceneaux v. Domingue does not relate to any standard of review in a criminal case. The Court of Appeal should never affirm a ruling of the district court in criminal cases merely because it is not "clearly wrong."
DENNIS, J., would grant the writ.
LEMMON, J., votes to grant to determine (1) whether intent to commit...
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