JB Johnson v. the State of Texas

Summary

The Texas Court of Appeals, Second Appellate District, considered JB Johnson’s challenge to his conviction for evading arrest or detention with a vehicle. The court held that the trial court erred by omitting the applicable statutory definition of “knowingly” from the jury charge, but concluded that the error was harmless. The court overruled Johnson’s sole issue and affirmed the judgment.

Holdings

1. The trial court erred by failing to include in the jury charge the portion of Penal Code section 6.03(b)'s definition of "knowingly" relating to the circumstances surrounding Johnson's conduct.
2. The charge error was harmless because Johnson failed to show actual harm from the omission; the judgment was affirmed.

Questions Presented

1. Whether the trial court erred by failing to include in the jury charge the portion of the statutory definition of "knowingly" applicable to the circumstances surrounding Johnson's conduct.
2. If the omission was jury-charge error, whether Johnson suffered sufficient harm to require reversal.

Disposition

affirmed