# Turner v. State

> Court of Criminal Appeals of Texas · October 11, 1972 · 485 S.W.2d 282

URL: https://www.frixlaw.com/law-library/cases/9762205

## Case

- **Full name:** Oscar TURNER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 11, 1972
- **Citations:** 485 S.W.2d 282; 1972 Tex. Crim. App. LEXIS 2357
- **Precedential status:** Published
- **Opinion:** Concurrence by Onion
- **Judges:** Dally, Odom, Onion, State, Douglas
- **Cited by:** 17 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/9762205

## How later opinions describe it (automated extraction)

- stating that “this court is without authority to either pass sentence or reduce the Hartfield–Page 8 punishment assessed by a jury. And, while we may remand solely on the issue of punishment where punishment was originally assessed by the court, we may not do so where punishme…
- stating that “this court is without authority to either pass sentence or reduce the punishment assessed by a jury. And, while we may remand solely on the issue of punishment where punishment was originally assessed by the court, we may not do so where punishment was assessed b…

## Opinion text

ONION, Presiding Judge
(concurring).
I concur in the results reached, but cannot agree that if commutation had been granted after the death penalty had been set aside by the United States Supreme Court, a different result would be reached. See this writer’s dissent in Whan v. State, 485 S.W.2d 275 (Tex.Cr.App. 1972).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762205. Public record. Not legal advice.