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MOTILLA v. STATE

No. 598-01.

78 S.W.3d 352 (2002)

Freddie MOTILLA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 26, 2002.

Attorney(s) appearing for the Case

Kenneth P. Mingledorff, Houston, for Appellant.

S. Elaine Roch, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion of the Court, joined by KELLER, P.J., and PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, J.J.

In a harm analysis under Rule 44.2(b), is an appellate court required to disregard overwhelming evidence of the defendant's guilt? The answer is no. We reaffirm our previous holdings that an appellate court can and should consider overwhelming evidence of guilt in a harm...

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