Craig Jonathan Warner, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals granted discretionary review of the Third Court of Appeals' Almanza harm analysis of an unpreserved jury-charge error that permitted a non-unanimous verdict. Holding that no party bears a burden of proof or persuasion in an Almanza harm analysis, the Court vacated and remanded for a fresh harm analysis, while rejecting each of the appellant's five contentions that the court of appeals was required to address specific indicators of egregious harm. President Judge Keller dissented, contending the harm analysis below was essentially correct and independent of the burden misstatement and that remand would waste judicial resources.