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SANCHEZ v. STATE

No. PD-1230-04.

165 S.W.3d 707 (2005)

Arthur Garcia SANCHEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 22, 2005.

Attorney(s) appearing for the Case

Stephanie L. Stevens, San Antonio, for Appellant.

Enrico B. Valdez, Asst. District Atty., San Antonio, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

COCHRAN, J., delivered the opinion of the Court, in which KELLER, P.J., PRICE, WOMACK, KEASLER and HOLCOMB, JJ., joined.

We granted appellant's sole question for review to decide "[w]hat is the appropriate test for harm when the State is allowed to improperly commit jurors to a set of facts?" We hold that the proper test for harm is that set out in Rule 44.2(b) of the Texas Rules of Appellate Procedure,1 and that...

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