In The Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-19-00106-CR
SAMANTHA NICOLE WOHLFORD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 276th District Court Camp County, Texas Trial Court No. CF-15-1524
Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION Ernest Lee Ibarra, Jr., was beaten, abducted from his home, and murdered by three men
during the early morning hours of February 20, 2015. Ibarra’s wife, Samantha Nicole Wohlford,
was subsequently charged with murder as a party to the offense, was convicted by a Camp County
jury, and was sentenced to ninety-nine years’ imprisonment. On appeal, Wohlford complains that
the trial court erred (1) in giving the jury a defective party-liability instruction; (2) in failing to
instruct the jury that Jonathan Sanford, one of the three men involved in Ibarra’s kidnapping and
murder, 1 was an accomplice witness as a matter of law; and (3) in failing to include a jailhouse-
witness instruction in its jury charge. Because we find that any defect in the party-liability
instruction was invited error, the trial court’s error in failing to give a proper accomplice-witness
instruction was harmless, and the trial court’s failure to sua sponte instruct the jury on jailhouse-
witness testimony was also harmless, we affirm the trial court’s judgment.
I. Did the Trial Court Give A Defective Instruction Regarding Party Liability?
In her first point of error, Wohlford contends that the trial court committed reversible error
in giving a defective jury instruction regarding party liability by including the following sentence:
“Mere presence alone will not constitute one a party to an offense.” We disagree.
A. Standard of Review
We employ a two-step process in our review of alleged jury charge error. See Abdnor v.
State, 871 S.W.2d 726, 731 (Tex. Crim. App. 1994). “Initially, we determine whether error
occurred and then evaluate whether sufficient harm resulted from the error to require reversal.”
1 The three men were Sanford; Sanford’s brother-in-law, Jose Ponse; and Sanford’s friend, Octavious Rhymes. 2 Wilson v. State, 391 S.W.3d 131, 138 (Tex. App.—Texarkana 2012, no pet.) (citing Abdnor, 871
S.W.2d at 731–32). In deciding a question of alleged charge error, we begin with the proposition
that “the jury is the exclusive judge of the facts, but it is bound to receive the law from the court
and be governed thereby.” TEX. CODE CRIM. PROC. ANN. art. 36.13. Accordingly, “[a] trial court
must submit a charge setting forth the ‘law applicable to the case.’” Lee v. State, 415 S.W.3d 915,
917 (Tex. App.—Texarkana 2013, pet. ref’d) (quoting TEX. CODE CRIM. PROC. ANN. art. 36.14).
“The purpose of the jury charge . . . is to inform the jury of the applicable law and guide them in
its application. It is not the function of the charge merely to avoid misleading or confusing the
jury: it is the function of the charge to lead and prevent confusion.” Id. (quoting Delgado v. State,
235 S.W.3d 244, 249 (Tex. Crim. App. 2007)).
B. Analysis
A person is criminally responsible as a party to the offense, pursuant to Section 7.01 of the
Texas Penal Code, if she commits an offense “by [her] own conduct, by the conduct of another for
which [she] is criminally responsible, or by both.” TEX. PENAL CODE ANN. § 7.01(a). “Each party
to an offense may be charged with the commission of the offense.” TEX. PENAL CODE ANN.
§ 7.01(b). As applicable in this case, “A person is criminally responsible for an offense committed
by the conduct of another if[,] . . . acting with intent to promote or assist the commission of the
offense, [she] solicits, encourages, directs, aids, or attempts to aid the other person to commit the
offense.” TEX. PENAL CODE ANN. § 7.02(a)(2).
3 The trial court’s submitted instruction stated, in pertinent part,
A person is criminally responsible as a party to an offense if the offense is committed by his or her own conduct, by the conduct of another for which he or she is criminally responsible, or by both.
Each party to an offense may be charged with the commission of the offense.
A person is criminally responsible for an offense committed by the conduct of another if, acting with intent to promote or assist the commission of the offense, he or she solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.
Mere presence alone will not constitute one a party to an offense.
Wohlford contends that the trial court erred by including the last sentence because it “is simply
not applicable to the case at bar. The defendant was not present when her husband was shot and
the evidence is equivocal as to whether she knew that such activity would happen.”
Yet, Wohlford’s proposed jury charge also included the instruction that “[a] defendant’s
mere presence alone will not make him responsible for an offense.” “The law of invited error
provides that a party cannot take advantage of an error that it invited or caused, even if such error
is fundamental.” Woodall v. State, 336 S.W.3d 634, 644 (Tex. Crim. App. 2011). Because
Wohlford asked the trial court to include a sentence that was essentially the same one included in
the charge, she is estopped from complaining of its inclusion on appeal. See Prytash v. State,
3 S.W.3d 522, 531 (Tex. Crim. App. 1999). Therefore, we overrule this point of error.
4 II. Did the Trial Court Err in Failing to Give an Accomplice-Witness Instruction?
In her second point of error, Wohlford contends that the trial court erred in failing to give
a proper accomplice-witness instruction. 2 Wohlford argues that the trial court committed
reversible error in failing to instruct the jury that Sanford was an accomplice as a matter of law. 3
The State concedes that the trial court erred, but argues that such error was harmless. We agree
with the State.
We review an alleged error related to an accomplice-witness instruction under the
procedural framework of Almanza. 4 Zamora v. State, 411 S.W.3d 504, 512 (Tex. Crim. App.
2013) (citing Casanova v. State, 383 S.W.3d 530, 533 (Tex. Crim. App. 2012); Herron v. State,
86 S.W.3d 621, 631–32 (Tex. Crim. App. 2002); Medina v. State, 7 S.W.3d 633, 642 (Tex. Crim.
App. 1999)). Under this framework, we employ a two-step process in our review of the alleged
error. See Abdnor, 871 S.W.2d at 731. “Initially, we determine whether error occurred and then
evaluate whether sufficient harm resulted from the error to require reversal.” Wilson v. State, 391
S.W.3d 131, 138 (Tex. App.—Texarkana 2012, no pet.) (citing Abdnor, 871 S.W.2d at 731–32).
In examining the charge for possible error, appellate courts “must examine the charge as a whole
instead of a series of isolated and unrelated statements.” Vasquez v. State, 389 S.W.3d 361, 366
2 Wohlford did not object or request additional instructions to the jury charge at trial. 3 Sanford had previously been convicted of the aggravated kidnapping and murder in connection with Ibarra’s abduction and subsequent death. 4 Almanza v. State, 686 S.W.2d 157, 171 (Tex. Crim. App. 1984) (op. on reh’g). 5 (Tex. Crim. App. 2012) (quoting Dinkins v. State, 894 S.W.2d 330, 339 (Tex. Crim. App. 1995)).
Only if we find error do we analyze that error for harm. See Abdnor, 871 S.W.2d at 731.
B. The Trial Court Erred in Failing to Give an Accomplice-Witness Instruction
Sanford participated in and was convicted of the aggravated kidnapping and murder of
Ibarra. Therefore, he was an accomplice as a matter of law. See Hall v. State, 161 S.W.3d 142,
149 (Tex. App.—Texarkana 2005, pet. ref’d). “If a witness is an accomplice as a matter of law,
the trial court is required to provide an accomplice-witness instruction to the jury.” Cocke v. State,
201 S.W.3d 744, 748 (Tex. Crim. App. 2006). The instruction must explain the definition of an
accomplice and inform the jury that the witness is an accomplice as a matter of law. Zamora, 411
S.W.3d at 509. It must also instruct the jury regarding the requirements of Article 38.14. See TEX.
CODE CRIM. PROC. ANN. art. 38.14; Zamora, 411 S.W.3d at 509.
If a State witness is an accomplice as a matter of law, the trial court has a duty to instruct
the jury accordingly, and the failure to do so is error. Herron v. State, 86 S.W.3d 621, 631 (Tex.
Crim. App. 2002). In this case, although the trial court instructed the jury regarding the
requirements of Article 38.14, it failed to include the definition of an accomplice and to identify
Sanford as an accomplice as a matter of law. Therefore, we find that the trial court erred in failing
to give a proper accomplice-witness instruction.
C. The Trial Court’s Error Was Harmless
1. Applicable Law and Harmless Error Standard of Review
Having found error, we must determine whether Wohlford was harmed by the trial court’s
omission. “Where the evidence clearly shows a witness is an accomplice as a matter of law, the
6 trial court must so instruct the jury, but if the appellant fails to object to the omission of the
instruction, as in [Wohlford’s] case, he or she must prove egregious harm to prevail on appeal.”
Hall, 161 S.W.3d at 149.
Article 38.14 provides, “A conviction cannot be had upon the testimony of an accomplice
unless corroborated by other evidence tending to connect the defendant with the offense
committed; and the corroboration is not sufficient if it merely shows the commission of the
offense.” TEX. CODE CRIM. PROC. ANN. art. 38.14. The purpose of this instruction is to inform
“the jury that it cannot use the accomplice witness testimony unless there is also some non-
accomplice evidence connecting the defendant to the offense.” Herron, 86 S.W.3d at 632.
Generally, in an egregious-harm analysis, “non-accomplice evidence can render harmless a failure
to submit an accomplice witness instruction by fulfilling the purpose an accomplice witness
instruction is designed to serve.” Id. However, there may be harm if “the corroborating
(nonaccomplice) evidence is ‘so unconvincing in fact as to render the State’s overall case for
conviction clearly and significantly less persuasive.’” Hall, 161 S.W.3d at 150 (quoting Herron,
86 S.W.3d at 632).
To evaluate the sufficiency of corroboration evidence, we eliminate the accomplice-
witness testimony from consideration and examine the nonaccomplice evidence “to ascertain if
there is evidence which tends to connect the accused with the commission of the offense.”
Hernandez v. State, 939 S.W.2d 173, 176 (Tex. Crim. App. 1997) (citing Reed v. State, 744 S.W.2d
112, 125 (Tex. Crim. App. 1988)); Burks v. State, 876 S.W.2d 877, 887 (Tex. Crim. App. 1994);
Hall, 161 S.W.3d at 150. The nonaccomplice evidence need not establish guilt beyond a
7 reasonable doubt or directly link the defendant to the crime. Hernandez, 939 S.W.2d at 176; Gill
v. State, 873 S.W.2d 45, 48 (Tex. Crim. App. 1994). Rather, “[t]he accomplice witness rule is
satisfied if there is some non-accomplice evidence which tends to connect the accused to the
commission of the offense alleged in the indictment.” Hernandez, 939 S.W.2d at 176 (citing Gill,
873 S.W.2d at 48 (citing Gosch v. State, 829 S.W.2d 775, 777 (Tex. Crim. App. 1991); Cox v.
State, 830 S.W.2d 609, 611 (Tex. Crim. App. 1992))). Evidence placing the defendant “in the
company of the accomplice at or near the time or place of the offense is proper corroborating
evidence.” McDuff v. State, 939 S.W.2d 607, 613 (Tex. Crim. App. 1997) (citing Cockrum v.
State, 758 S.W.2d 577, 581 (Tex. Crim. App. 1988); Burks, 876 S.W.2d at 887–88). Further, “[i]n
determining the strength of the particular item of nonaccomplice evidence, we must examine (1)
its reliability or believability, and (2) the strength of its tendency to connect the defendant to the
crime.” Hall, 161 S.W.3d at 150 (citing Herron, 86 S.W.3d at 632).
2. Sanford’s Testimony
At trial, the State relied on Sanford’s testimony for the details of the kidnapping and murder
of Ibarra. 5 Sanford testified that he met Wohlford in February 2015, around Valentine’s Day, and
that he had been to her house two or three times prior to the night of the murder. Wolhford told
Sanford that Ibarra was abusive, and Sanford offered to take care of Ibarra for her. When Sanford
told her that he and Rhymes could take Ibarra out of the picture, she asked how that would be
done.
5 Although our harmless-error analysis requires us to disregard the accomplice-witness testimony, we recite it here so that we can determine whether the nonaccomplice-witness evidence sufficiently corroborates the accomplice’s testimony. 8 Sanford originally proposed seting up Ibarra for a drug-related conviction by planting
methamphetamine in his vehicle. Wohlford agreed with that proposal. In order to carry out that
plan, Sanford, Rhymes, Wohlford, and her children traveled to Mount Vernon to purchase
methamphetamine from Rhymes’s cousin. During the trip, Sanford was driving Wohlford’s car.
After completing the purchase that night, they returned to Rhymes’s house in Pittsburg.
However, later that evening, Sanford told Wohlford that he could get rid of Ibarra for good, and if
that is what she wanted, all she had to do was leave the door to her house unlocked. Sanford
testified that although Wohlford agreed with this new suggestion, he did not think she understood
that he planned to kill Ibarra.
Pursuant to the new plan, Sanford and Rhymes took Wohlford and her children back to her
house about 12:00 a.m. They removed the children’s car seats from her vehicle and put them on
her front porch and then took the vehicle to Wal-Mart to purchase gloves. They then picked up
Ponse, who had the gun they planned to use, and they smoked the methamphetamine they had
bought to plant on Ibarra on the way back to Wohlford’s house. When they arrived at the house,
the front door was unlocked, and the men proceeded upstairs to Wohlford and Ibarra’s bedroom.
Rhymes took Wohlford downstairs, and Sanford and Ponse began beating and pistol-whipping
Ibarra.
Sanford and Ponse then took Ibarra downstairs. After further beating Ibarra, Sanford and
Ponse took him outside and searched his truck. Sanford testified that when he went back upstairs,
he saw Wohlford on the bed, holding her phone. She was not tied up. Wohlford told him that she
had called her mother, so Sanford went back downstairs and told Rhymes and Ponse that they
9 needed to leave. In order to give the appearance of a forced entry, Sanford damaged the front door.
Sanford then detailed how they placed Ibarra into Wohlford’s car and they drove it to a remote
location, where Ponse shot Ibarra in the head.
3. The Nonaccomplice Evidence
Wohlford admitted that she wanted to harm Ibarra in the past, that she had previously
complained about Ibarra to other men, and that she indicated to them that she wanted to be rid of
him. David Smith testified that in the time he had known Ibarra and Wohlford, he had heard
Wohlford say that she wanted Ibarra out of her life and out of her family. Jeremy Rule testified
that he had known the couple for years and that from time to time, Wohlford would say something
about wanting to get rid of Ibarra or wanting to have harm done to him.
Bret Webster, who was the boyfriend of Wohlford’s aunt, Ginger Kesterson, testified that
Wohlford’s mother called him in the early morning hours of February 20 and asked him to go to
Wohlford’s house because something was happening. Webster picked Kesterson up on his way to
Wohlford’s house. When they arrived, they found the front door damaged, Wohlford tied up on
the bedroom floor, and Wohlford’s five children all asleep in a nearby bedroom. Webster also
testified that Wohlford’s children had stayed with him two nights before the kidnapping and
murder and that Wohlford had told him a man named Johnathan would pick the children up in her
vehicle. Webster testified that those events occurred just as Wohlford had described them.
Kesterson testified that when she and Webster arrived at Wohlford’s house, Wohlford’s
legs were tied, her mouth was gagged, and her hands were tied behind her back. After untying
Wohlford, Kesterson saw Wohlford’s phone in her lap. She asked Wohlford how she had called
10 for help, and Wohlford told her that she had used her nose to call the last person called, her mother.
When she asked her where her vehicle was, Wohlford told her it was not supposed to be there.
Kesterson also testified that it was out of the ordinary for all the children to be asleep in one room
together.
Ponse’s girlfriend, Lacona Slaton, testified that she met Wohlford at the hospital the day
before Ibarra was murdered. Sanford, Rhymes, Ponse, and Wohlford’s children were also at the
hospital at the time. Slaton testified that she, Sanford, Rhymes, Ponse, Wohlford, and Wohlford’s
children all went to Wal-Mart so Wohlford could visit Sanford’s girlfriend, Sharla. After leaving
Wal-Mart, Sanford dropped Ponse and Slaton off at Rhymes’s house. Slaton testified that on
several occasions during that evening, Rhymes and Wohlford would leave the room and whisper
to each other. At one point, Sanford asked Wohlford about her kids, and Wohlford said she could
give them something to put them to sleep fast. Later, Sanford and Rhymes took Wohlford and her
children back to her house.
Titus County Sheriff’s Deputy Chris Durant testified that he responded to the 9-1-1 call on
the night of Ibarra’s kidnapping. Among other things, Durant testified that he learned the
perpetrators had taken Ibarra’s cell phone. After he obtained the telephone number, he asked the
department’s communications officer to “ping” it to determine its location. He testified that
Wohlford was standing near him when he spoke with the communications officer and that she
asked if she could step outside and call her mother. According to Durant, his call to the
communications officer occurred at approximately 2:30 a.m.
11 Cell phone records and forensic testimony revealed that approximately one minute after
Durant’s call to the sheriff’s communications officer, a text message was sent from Wohlford’s
phone to Rhymes’s phone number. The text instructed Rhymes to turn Ibarra’s phone off and get
rid of it. About the same time as that text message, Rhymes’s phone connected to a cell tower
near the location where Ibarra’s body was found. Around 3:17 a.m., Durant learned that law
enforcement had located the cell phone. Durant said that he told Wohlford of that development as
well. Durant testified that Wohlford’s cell phone records indicated that approximately one minute
after that conversation occurred, a text message was transmitted from Wohlford’s phone to
Rhymes, stating, “Ditch phone, move.”
Chris Bragg, an investigator for the Titus County Sheriff’s Office, testified that he
interviewed Wohlford both at her residence and at the sheriff’s office. He was suspicious of
Wohlford’s version of events. In particular, Bragg said that although her front door was damaged,
the damage was not consistent with a break-in because the door frame and security chain were still
intact. In addition, Wohlford claimed that the intruders slapped her, pulled out her hair, and put a
knife to her throat, but an officer on the scene testified that he did not see injuries consistent with
her claims. Bragg also stated that Wohlford continually maintained that she did not know who
broke in and abducted Ibarra, but later that morning, she admitted she knew the men and identified
them as Sanford, Rhymes, and Ponse.
4. Analysis
Eliminating Sanford’s testimony and considering only the nonaccomplice evidence, we
find that there was some evidence that tends to connect Wohlford to the commission of the offense.
12 Slaton’s testimony placed Wohlford in the company of Sanford, Rhymes, and Ponse for a
significant portion of the day and evening before Ibarra’s kidnapping and murder. In addition, her
testimony established that Wohlford discussed kidnapping Ibarra from the house, agreed to assist
the perpetrators by ensuring that her children were out of the way and fast asleep, and agreed to
allow them to use her vehicle. Further, cell phone records and forensic testimony established that
Wohlford shared critical information with Rhymes during the investigation via text messages to
help the perpetrators avoid capture. This evidence also demonstrated that Wohlford deleted the
messages in an apparent attempt to hide her involvement. Finally, although Wohlford knew the
identities of Ibarra’s kidnappers, she kept that information from law enforcement for hours before
finally disclosing it. This evidence tends to show that Wohlford was actively involved in Ibarra’s
kidnapping and murder.
Because there is some evidence that tends to connect Wohlford to the commission of the
aggravated kidnapping, the purpose of a proper accomplice-witness instruction was fulfilled.
Therefore, we find that the error by the trial court was harmless. See Herron, 86 S.W.3d at 632.
We overrule Wohlford’s second point of error.
IV. Did the Trial Court Err in Failing to Give a Jailhouse-Witness Instruction?
In her final point of error, Wohlford argues that the State’s witness, Whitney Smith, was a
jailhouse witness and that the trial court was required to include a jailhouse-witness instruction in
its charge under Article 38.075 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM.
PROC. ANN. art. 38.075(a) (Supp.). Because the trial court failed to do so, Wohlford argues that
the trial court committed reversible error. We disagree.
13 A. Did the Trial Court Err?
1. Applicable Law and Standard of Review
Section 38.075(a) provides, in relevant part:
A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time when the person was imprisoned or confined in the same correctional facility as the defendant unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.
Id. The Texas Court of Criminal Appeals has held that testimony from a jailhouse witness “is
inherently unreliable due to the inmate’s incentive to better [her] circumstances.” Phillips v. State,
463 S.W.3d 59, 66 (Tex. Crim. App. 2015). Consequently, “Article 38.075 was enacted in
recognition that incarcerated individuals have an incentive to provide information against other
incarcerated individuals and that this testimony should be corroborated.” Id.
Because a trial court is required to sua sponte instruct the jury on the “law applicable to the
case,” it is error for the trial court not to include a jailhouse-witness instruction when the
requirements of Article 38.075 are met. Id. at 65 (quoting Oursbourn v. State, 259 S.W.3d 159,
180 (Tex. Crim. App. 2008)). Yet, a trial court is only required to give a jailhouse-witness
instruction when the record shows that the requirements of Article 38.075 have been met. See
Oursbourn v. State, 259 S.W.3d 159, 180 (Tex. Crim. App. 2008) (“If the evidence raises [the]
issue . . . , then the trial court shall instruct the jury [whatever the statute or rule requires].”).
2. Analysis
Smith testified that after February 20, 2015, she “spent some time with Samantha
Wohlford” while they were in the same dorm together in the Titus County jail and that they talked
14 about the death of Wohlford’s husband. According to Smith, Wohlford said that she could beat
the case if she could get rid of a text message that she sent to the guys who had kidnapped her
husband, instructing them to get rid of his phone. Smith said that Wohlford told her that she
thought she had deleted the text messages from her phone.
This testimony satisfies the requirements of Article 38.075(a) because Smith testified
regarding statements against interest that Wohlford made to her while they were both imprisoned
or confined in the same correctional facility. See TEX. CODE CRIM. PROC. ANN. art. 38.075(a).
Therefore, the trial court was required to give the jury a jailhouse-witness instruction, and it erred
by failing to do so. See Phillips, 463 S.W.3d at 65.
B. Was the Trial Court’s Error Harmful?
Article 38.075 does not require the jury to be skeptical of inmate-witness testimony; nor
does it require the jury to give less weight to such testimony than to other evidence. See TEX.
CODE CRIM. PROC. ANN. art. 38.075 (Supp.); Herron, 86 S.W.3d at 632. Rather, an Article 38.075
instruction “merely informs the jury that it cannot use the . . . testimony unless there is also some
[independent] evidence connecting the defendant to the offense.” Herron, 86 S.W.3d at 632; see
TEX. CODE CRIM. PROC. ANN. art. 38.075. “Once it is determined that such . . . evidence exists,
the purpose of the instruction is fulfilled, and the instruction plays no further role in the
fact[-]finder’s decision-making.” Herron, 86 S.W.3d at 632. Therefore, the existence of
corroborating evidence “tending to connect” appellant to the offense can “render harmless” a trial
15 court’s failure to submit an Article 38.075 instruction by fulfilling the purpose that such an
instruction is designed to serve. See id. at 631–62.
To resolve this issue, we eliminate all of Smith’s testimony regarding appellant’s
statements and “determine if the remaining inculpatory evidence tends to connect appellant to the
offense.” Freeman v. State, 352 S.W.3d 77, 83 (Tex. App.—Houston [14th Dist.] 2011, pet. ref’d)
(citing Malone v. State, 253 S.W.3d 253, 257 (Tex. Crim. App. 2008)). A harmless-error analysis
for the omission of an Article 38.075 witness instruction is flexible and takes into account the
existence and strength of such corroborating evidence and the applicable standard of harm. See
Herron, 86 S.W.3d at 632. “In determining the strength of [corroborating] evidence, we examine
(1) its reliability or believability and (2) the strength of its tendency to connect the defendant to
the crime.” Id. Under Almanza, when, as here, the defendant has failed to preserve error, we only
reverse for egregious harm. Almanza, 686 S.W.2d at 171 (op. on reh’g). Under the egregious
harm standard, the omission of an Article 38.075 instruction is generally harmless unless the
corroborating evidence is “so unconvincing in fact as to render the State’s overall case for
conviction clearly and significantly less persuasive.” Herron, 86 S.W.3d at 632 (quoting Saunders
v. State, 817 S.W.2d 688, 692 (Tex. Crim. App. 1991)).
We have previously analyzed the reliability and strength of the corroborating evidence in
this case in our analysis of Wohlford’s previous point of error. As we noted there, strong and
reliable nonaccomplice evidence tends to connect Wohlford to the offense. Just as this evidence
rendered the trial court’s failure to give an accomplice-witness instruction harmless, it renders the
16 failure to give a jailhouse-witness instruction harmless as well. Accordingly, the trial court’s
failure to give a jailhouse-witness instruction was harmless, and we overrule this point of error.
See id.
IV. Conclusion
For the foregoing reasons, we affirm the trial court’s judgment.
Ralph K. Burgess Justice
Date Submitted: November 7, 2019 Date Decided: January 31, 2020
Do Not Publish