Beltran v. Texas (original by judge richardson)
Annotate this CaseRicardo Beltran was convicted by a jury of murder and sentenced to seventy years. On direct appeal, Beltran asserted that the trial court erred in denying his request for an instruction on sudden passion. The Fifth Court of Appeals affirmed his conviction, holding that the trial court did not err in refusing to give the instruction because there was no evidence that Beltran caused the victim’s death under the immediate influence of sudden passion. After review, the Court of Criminal Appeals disagreed and held that Beltran was entitled to an instruction on sudden passion. Accordingly, the Court reversed the judgment of the Court of Appeals and remanded this case for a harm analysis in accordance with "Almanza v. Texas."
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