Sanchez v. State (Original)
Annotate this CaseOn the court's own motion, the court issued this opinion in the place of the court's October 6, 2010 opinion. This opinion addressed the State's petition for discretionary review challenging the decision by the court of appeals on the appeal filed by defendant. Having withdrawn the court's former opinion, the court overruled the State's motion for rehearing, overruled defendant's pro se motion for rehearing, and dismissed defendant's attorney's motion for rehearing as untimely filed. The court of appeals found harmful error in the phrasing of the jury instructions, reversed the conviction, and remanded for a new trial. The court agreed with the court of appeals that the instructions were erroneous, albeit for a different reason, but concluded that the error was harmless and therefore, reversed the judgment.
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