# Ex Parte Hayward

> Court of Criminal Appeals of Texas · April 23, 1986 · 711 S.W.2d 652

URL: https://www.frixlaw.com/law-library/cases/9641636

## Case

- **Full name:** Ex Parte Derrick Wayne HAYWARD
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 23, 1986
- **Citations:** 711 S.W.2d 652; 1986 Tex. Crim. App. LEXIS 1254
- **Precedential status:** Published
- **Opinion:** Concurring in part by Clinton
- **Judges:** Onion, Clinton, McCormick
- **Cited by:** 33 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/9641636

## Opinion text

CLINTON, Judge,
concurring in part and dissenting in part.
That the trial court lacked authority to award “credit” on the sentence it imposed is amply shown by the majority opinion. However, it is obvious from the record that the “innovative sentencing” indulged in by the trial court was part and parcel of its deliberations and determination as to appropriate punishment, in the premises. Therefore, the “remedy” devised by the majority — reforming the sentence, awarding credit on its own and ordering applicant into custody to serve the sentence thus credited — infringes that power and authority vested in the trial court to assess a proper punishment and impose a lawful sentence. We cannot say that the trial court would do what the majority now does.
Accordingly, I would vacate the judgment and sentence and direct the trial court to conduct a fresh punishment hearing in Cause No. 40768, pursuant to Article 37.07, § 3(a) and (d), V.A.C.C.P.
I concur in its conclusions of law but dissent to the order of the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641636. Public record. Not legal advice.