context: It is undisputed that Burd did not preserve the error; accordingly, Burd bears the burden to demonstrate that the error caused him egregious harm, i.e., deprived him of a fair trial or vitally affected a defensive theory. See Tex.Code Crim. PROC.
citation_a.signal: no signal
citation_a.identifier: 686 S.W.2d 171, 171
citation_a.parenthetical: "[I]f no proper objection was made at trial and the accused must claim that the error was 'fundamental,' he will obtain a reversal only if the error is so egregious and created such harm that he 'has not had a fair and impartial trial' -- in short 'egregious harm.' "
citation_a.sentence: Ann. § 36.19 (when reviewing the jury charge on appeal, “the judgment shall not be reversed unless the error appearing from the record was calculated to injure the rights of defendant, or unless it appears from the record that the defendant has not had a fair and impartial trial”); Almanza, 686 S.W.2d at 171 (“[I]f no proper objection was made at trial and the accused must claim that the error was ‘fundamental,’ he will obtain a reversal only if the error is so egregious and created such harm that he ‘has not had a fair and impartial trial’ — in short ‘egregious harm.’ ”); see also Woodard v. State, 322 S.W.3d 648, 658 (Tex.Crim.App.2010) (citing Almanza, 686 S.W.2d at 171-72 (“[W]hen no proper objection is made to jury-charge error at trial, a defendant may obtain a reversal only in those few situations where the error is ‘fundamental’ or is ‘egregious[ly] harmful.’ ”).
citation_b.signal: see also
citation_b.identifier: 686 S.W.2d 171, 171-72
citation_b.parenthetical: "[W]hen no proper objection is made to jury-charge error at trial, a defendant may obtain a reversal only in those few situations where the error is 'fundamental' or is 'egregious[ly] harmful.' "
citation_b.sentence: Ann. § 36.19 (when reviewing the jury charge on appeal, “the judgment shall not be reversed unless the error appearing from the record was calculated to injure the rights of defendant, or unless it appears from the record that the defendant has not had a fair and impartial trial”); Almanza, 686 S.W.2d at 171 (“[I]f no proper objection was made at trial and the accused must claim that the error was ‘fundamental,’ he will obtain a reversal only if the error is so egregious and created such harm that he ‘has not had a fair and impartial trial’ — in short ‘egregious harm.’ ”); see also Woodard v. State, 322 S.W.3d 648, 658 (Tex.Crim.App.2010) (citing Almanza, 686 S.W.2d at 171-72 (“[W]hen no proper objection is made to jury-charge error at trial, a defendant may obtain a reversal only in those few situations where the error is ‘fundamental’ or is ‘egregious[ly] harmful.’ ”).