Court of Criminal Appeals of Texas, 2017

Jenkins v. State

Jenkins v. State
Court of Criminal Appeals of Texas · Decided June 14, 2017 · Keel, Newell, Richardson
520 S.W.3d 616; 2017 WL 2562797; 2017 Tex. Crim. App. LEXIS 572 (South Western Reporter, Third Series)

Jenkins v. State

Opinion of the Court

Per Curiam.

We granted the State’s petition for discretionary review to determine whether the court of appeals was correct in holding that the evidence at trial raised the affirmative defense of mistake of law and in holding that appellant was harmed by the trial court’s failure to submit the affirmative defense. Having examined the record and briefs and listened to the parties’ arguments, we conclude that our decision to grant review was improvident. We therefore dismiss the State’s petition for discretionary review as improvidently granted.

Keel, J., dissented. Richardson and Newell, JJ., not participating.

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