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SCHMUTZ v. STATE

No. PD-0530-13.

440 S.W.3d 29 (2014)

Randy SCHMUTZ, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 29, 2014.

Attorney(s) appearing for the Case

Clifton L. Holmes , Gena Bunn , Holmes & Moore, P.L.L.C., Longview, TX, for Randy Schmutz.

David Colley , Assistant District Attorney, Mount Pleasant , Lisa C. McMinn , State's Attorney, Austin, TX, State of Texas.

OPINION

ALCALA, J., delivered the opinion of the Court in which KELLER, P.J., and PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., joined.

In this case we are asked to decide whether a claim of venue error is subject to review for harm on appeal. We conclude that venue error at trial is subject to a review for harm by using the standard for non-constitutional errors described in Rule 44.2(b) of the Texas Rules of Appellate Procedure. See TEX...

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