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Wilberto Arrellano v. State

Citation: Not availableDocket: 01-15-00814-CR

Court: Court of Appeals of Texas; January 10, 2018; Texas; State Appellate Court

Original Court Document: View Document

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In the appellate case of Wilberto Arrellano v. The State of Texas, the Court of Appeals addressed an issue raised by the appellant concerning a potential improper jury comment made by the trial court related to reasonable doubt. The appellant claimed this constituted fundamental error warranting a new trial due to the lack of a contemporaneous objection. He referenced the plurality opinion from *Blue v. State* to support his argument.

Subsequent to the filing of the parties' briefs, the Court of Criminal Appeals issued a decision in *Proenza v. State*, prompting the appellate court to request supplemental briefing to evaluate the fourth issue in light of this new precedent. The appellant is required to submit a supplemental brief by February 9, 2018, with the State's response due by March 12, 2018. Consequently, the case has been withdrawn from the submission docket, previously scheduled for January 17, 2018, and will be rescheduled for submission following the filing of the supplemental briefs. The order is signed by Judge Michael Massengale, acting for the Court on January 11, 2018.