Sanders, Elbert Lee, PD-1345-14

Sanders was convicted in the 54th District Court, McLennan County, of Aggravated Assault and Felony Possession of a Firearm by a Felon, receiving 55 years and 20 years respectively.
The Fourth Court of Appeals affirmed Sanders' convictions on August 29, 2014.
Sanders timely filed for discretionary review but alleged untimeliness was caused by actions of prison staff at the Allen Polunsky Unit.
Sanders filed a motion to suspend Rule 9.3(b) claiming indigence and lack of access to copying facilities to timely submit the PDR.
Sanders alleged his legal property and mail were seized during lockdowns, which impeded obtaining the appeal number and delaying filings; some property was returned around March 26, 2015, enabling submission.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Harm analysis of the punishment-charge instruction	Sanders argues egregious harm from a vague Art. 37.07(4)(a) instruction.	State contends no reversible harm analysis is warranted beyond the record.	No final ruling stated in the text.
Sympathy instruction and compliance with law	Sanders argues the court misinstructed on sympathy contrary to authorities.	State asserts instruction complies or that error, if any, is not appropriately raised.	No final ruling stated in the text.

ALMANZA V. STATE, 686 S.W.2d 157 (Tex. Crim. App. 1985) (egregious-harm framework for unobjected trial error)
H Hutch V. STATE, 922 S.W.2d 166 (Tex. Crim. App. 1996) (harm analysis for jury-charge errors)
GIGLIOBIANCO V. STATE, 210 S.W.3d 637 (Tex. Crim. App. 2006) (403 balancing for prejudicial evidence)
OLIVAS V. STATE, 262 S.W.3d 144 (Tex. Crim. App. 2006) (standard for reviewing trial-errors without objection)
EX PARTE VARELAS, 45 S.W.3d 627 (Tex. Crim. App. 2001) (legal standards for jury instruction error review)
ROSS V. STATE, 752 S.W.2d 529 (Tex. Crim. App. 1988) (parole-law instruction considerations in punishment phase)