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JIMENEZ v. STATE

No. 1090-99.

32 S.W.3d 233 (2000)

Johnny Silva JIMENEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 13, 2000.

Attorney(s) appearing for the Case

Wayne Heller, Houston, for appellant.

Alan Curry, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which MANSFIELD, PRICE, HOLLAND, and KEASLER, JJ., joined.

The question in this case is, what standard of harmless error applies to error in a court's charge that was not objected to, and that is claimed to violate a constitutional provision? We hold that the applicable standard is that provided by article 36.19 of the Code of Criminal Procedure: "the judgment shall not be reversed ... unless it appears from the record...

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