TOLLETT v. STATE

No. 418-89.

799 S.W.2d 256 (1990)

Vernon D. TOLLETT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled November 21, 1990.


Attorney(s) appearing for the Case

Randy T. Leavitt, Terrence W. Kirk, Austin, for appellant.

Ken Anderson, Dist. Atty., Georgetown, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This case concerns the application of Rule 81(b)(2) to "Rose" error. See Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987-88). More specifically, it requires us to decide what it means for an error to make a "contribution ... to the punishment." See Tex.R.App.P. 81(b)(2).

Appellant was convicted for aggravated sexual assault of his 10-year...

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