Bjorgaard v. State

OPINION Appellant Christian Bjorgaard was convicted of attempted sexual assault1 and sentenced to 20 years' imprisonment in the Texas Department of Criminal Justice Institutional Division. Bjorgaard appealed, claiming inter alia that the trial court erred in allowing the State to present evidence of a prior conviction during the guilt phase of the trial. The court of appeals agreed, holding that the trial court erred in admitting such evidence. Bjorgaard v. State, 220 S.W.3d 555, 561 (Tex. App.-- Amarillo 2007). The court of appeals then conducted the harmless-error analysis set out in the Texas Rule of Appellate Procedure 44.2(b), and concluded that appellant had been harmed by the trial court's error. Id. at 562. It therefore reversed the trial court's judgment and remanded the cause to that court.