“It is well established that the fixing of penalties and the punishment for offenses under the penal laws of the State is within the exclusive domain of the Legislature . . . .”
How later courts described this case
- “It is well established that the fixing of penalties and the punishment for offenses under the penal laws of the State is within the exclusive domain of the Legislature . . . .”
Written by the judges who cited it.
The opinion
McCORMICK, Judge,
dissenting.
In the absence of any type of due process objection being made at the time of imposition of sentence, I would hold that applicant is estopped to raise the present collateral attack. See Rogers v. State, 640 S.W.2d 248 (Tex.Cr.App.1982).
This is especially so in light of the fact that there has been no demonstrable harm to the applicant.