Vasquez v. Texas (Original)
Annotate this CaseAppellant was charged with aggravated robbery. The evidence at trial showed that he and his two roommates hatched a scheme to steal money at gunpoint from a woman driving a food truck. Appellant was the designated getaway driver. Appellant's defense was that he was merely present when his roommates committed the robbery. The jury convicted him. The court of appeals, relying on the Supreme Court's plurality opinion in "Johnson v. Texas" found reversible error because the trial judge, over appellant's objection, declined to apply the law of parties more explicitly in the application paragraph. The Supreme Court granted the State's petition to decide whether objected-to error in the application paragraph is subject to the usual "Almanza" harm analysis or a per se finding of harm. After review, the Court concluded that the usual Almanza factors applied and that any error in the present application paragraph was harmless. The Court therefore overruled Johnson to the extent that it suggests a per se finding of harm.
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