One has to wonder why the State is given the right to "cross-appeal" from a trial court error if (to avoid an advisory opinion) the error will be discussed only in the event a new trial is awarded to the defendant. Kind of makes any objections raised by the State during trial pointless (although I guess you might have success in convincing the trial judge to avoid the error). Theoretically, if the error proves harmful, you still do not get any appellate review (since it will have resulted in an undeserved acquittal). But, that's the way it is.Seghelmeble

While it is frustrating to miss an opportunity for appellate review, appellate courts have long a avoided reviewing issues that are not diapositive. Can't say I blame them. No mistake if no opinion.

Seghelmeble, 390 S.W.3d at 583-83 still stands. But I continue to believe there is a basis for review. Perhaps someone else might have better luck on this issue at some point, so I provide anyone interested with the arguments I concocted.