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DOUGHERTY v. STATE

No. PD-1411-05.

188 S.W.3d 670 (2006)

Douglas Albert DOUGHERTY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 1, 2006.

Attorney(s) appearing for the Case

John J. Davis, Angleton, for Appellant.

Jeri Yenne, Criminal District Atty & David Bosserman, Asst.Criminal District Atty., Angleton, Matthew Paul, State's Atty., Austin, for State.

Non-published per curiam opinion.*

KELLER, P.J., filed a dissenting opinion.

The Court finds that the Court of Appeals's opinion is deficient for failing to take into account all of the Almanza1 factors. I believe that in this type of case there is only one factor that the court needed to consider because the existence of that factor, all by itself, cured the error in the jury charge. Moreover...

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