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Jimenez v StateFebruary 28, 2001No. 1746-00 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 1746-00 JOSE BERNARDO JIMENEZ, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS CAMERON COUNTY The opinion of the Court was delivered per curiam. O P I N I O N Appellant was indicted for and convicted of murder. Tex. Penal Code §19.02 (a)(3). 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). The State filed a petition for discretionary review contending that the Court of Appeals 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. When the Court of Appeals delivered its opinion, it did not have the benefit of this Court’s opinion in Ross v. State, 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 Ross affects 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). Date delivered: February 28, 2001 This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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