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

> Court of Appeals for the Fifth Circuit · March 21, 1979 · 591 F.2d 1207

URL: https://www.frixlaw.com/law-library/cases/363133

## Case

- **Full name:** Walter Lee BROWN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 21, 1979
- **Citations:** 591 F.2d 1207; 1979 U.S. App. LEXIS 16060
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Coleman, Fay, Per Curiam, Rubin
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/363133

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/363133. Public record. Not legal advice.