Joung Youn Kim v. State

• Court: Court of Appeals of Texas
• Decided: January 6, 2011
• Docket: 14-09-00677-CR
• Status: Published

Opinion

Affirmed and Plurality, Concurring, and Dissenting Opinions filed January 6, 2011.

In The

Fourteenth Court of Appeals

___________________

NO. 14-09-00677-CR

Joung Youn Kim, Appellant

V.

State of Texas, Appellee

On Appeal from the County Criminal Court at Law No. 10

Harris County, Texas

Trial Court Cause No. 1527031

CONCURRING OPINION

I join the plurality’s opinion on the first issue—whether the trial court improperly commented on the weight of the evidence.  But, because it is unclear that the plurality applied the correct standard of review in its harm analysis, I merely concur with its treatment of the second issue.  Whether the correct standard of review in the second issue is that applied by the plurality, the “reasonably substantial relationship” test, or, as the dissent maintains, the standard under Rule 44.2(a), I believe the result would be the same—there was no harm.  The judgment should be affirmed. 

 /s/      Jeffrey V. Brown

                                                                                               Justice

Panel consists of Justices Anderson, Frost, and Brown. (Anderson, J., plurality) (Frost, J., dissenting).

Publish — Tex. R. App. P. 47.2(b).