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39 S.W.3d 229

Jimenez v. State

Court of Criminal Appeals of Texas

Decided February 28, 2001

Court of Criminal Appeals of Texas · decided 2001-02-28

Cited by 1 later decisions — most recently February 2002

1 state decisions

Applies TX PE § 19.02

Relies on Guzman v. State · State v. Ross · Cain v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-02-28

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¶1OPINION

¶2The opinion of the Court was delivered

PER CURIAM.

¶3Appellant was indicted for and convicted of murder. Tex. Penal Code § 19.02(a)(8). The Court of Appeals reversed, finding that appellant’s confession was illegally gained and erroneously admitted into evidence. Jimenez v. State, 28 S.W.3d 702, 706 (Tex.App. Corpus Christi, 2000).

¶4The State filed a petition for discretionary review contending that the Court of *230Appeals erred in failing to apply Guzman v. State, 955 S.W.2d 85 (Tex.Crim.App.1997) and in failing to conduct a harm analysis under Rule 44.2(a). Tex.R.App. Proc.

¶5When the Court of Appeals delivered its opinion, it did not have the benefit of this Court’s opinion in State v. Ross, 32 S.W.3d 853 (Tex.Crim.App.2000). We grant both of the grounds raised in State’s petition for discretionary review, vacate the Court of Appeals’ judgment, and remand this case to that court for its consideration of whether Rossaffects its decision and whether a harm analysis is appropriate, and if a harm analysis is appropriate, whether the error was harmless. Tex.R.App. PROC. 44.2. Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997).

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