Payne, Jason Thad

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD–1214–11

JASON THAD PAYNE, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE TWELFTH COURT OF APPEALS WOOD COUNTY

M EYERS, J., filed a dissenting opinion.

DISSENTING OPINION

The majority reverses after concluding that the court of appeals erred in

determining that the admission of several erroneously admitted victim statements was

harmless. I disagree with this conclusion. After examining the court of appeals opinion, I

agree that the admission of the statements was harmless error, and feel that the analysis

conducted by the court of appeals is more accurate than the analysis conducted by the Payne Dissent–Page 2

majority. There is no way a rational trier of fact would have reached a different result had

the error not occurred.1

With these comments, I respectfully dissent.

Meyers, J.

Filed: February 27, 2013 Do Not Publish

1 Tillman v. State, 376 S.W.3d 188 (Tex. App.–Houston [14th Dist.] 2012]