Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections

PER CURIAM:

For the reasons set forth by the trial court in its opinion,

Brown v. Estelle,

S.D.Tex.1978, the trial court’s grant of a writ of habeas corpus is affirmed.

It appears that, under Texas law, an error in sentencing proceedings before a jury requires the state Appellate Court to reverse the entire conviction, not merely to remand for resentencing. Tex.Code Crim. Pro. Art. 44.24(b);

Bullard v. State,

Tex.Cr.App.1977, 548 S.W.2d 13, 18 ;

Ellison v. State,

Tex.Cr.App.1968, 432 S.W.2d 955, 957 . Accordingly, the District Court’s judgment is modified in part as follows: The State shall be given the option either of retrying or resentencing the appellee within

120 days, as may be appropriate under Texas law.

AFFIRMED.