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GELINAS v. STATE

No. PD-1522-11.

398 S.W.3d 703 (2013)

James Henry GELINAS, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 15, 2013.

Attorney(s) appearing for the Case

Douglas K. Fletcher , Asst. Dist. Atty., El Paso, for Appellant.

Mario A. Gonzalez , El Paso, Lisa C. McMinn , State's Attorney, Austin, for the State.

OPINION

KEASLER, J., announced the judgment of the Court and delivered an opinion, in which KELLER, P.J., HERVEY, and ALCALA, JJ., joined.

The State asks us to overrule Hutch v. State1 upon which the lower court relied in finding that Gelinas suffered egregious harm from an erroneous jury instruction. Upon review, we believe Hutch was flawed and produces unjust results, and we hereby disavow it. We find the...

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