Opinion

Turner v. State

  • 485 S.W.2d 282
  • 1972 Tex. Crim. App. LEXIS 2357
Court
Court of Criminal Appeals of Texas
Filed
Oct 11, 1972
Status
Published
Author
Dally
On the bench
Dally, Odom, Onion, State, Douglas
Cited by
17 cases
Authority
More cited than 10.5%

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 punishment was assessed by the jury.”

How later courts described this case

  • 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 punishment was assessed by the jury.”
  • 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 by the jury.”

Written by the judges who cited it.

The opinion

ON STATE’S MOTION FOR REHEARING

DALLY, Commissioner.

It has now been made to appear that upon the recommendation of the Board of Pardons and Paroles, a proclamation commuting the appellant’s sentence from death to life imprisonment was, on the 29th day of August, 1972, signed by the Honorable Preston Smith, Governor of this State. The State’s motion for rehearing is granted. Harris v. State, Tex.Cr.App., 485 S.W.2d 284 (1972) and Whan v. State, Tex.Cr.App., 485 S.W.2d 275 (1972).

The order of reversal is set aside and the judgment is affirmed.

Opinion approved by the Court.

ONION, P. J., dissents for reasons stated in his dissenting opinion in Whan v. State, supra.

DOUGLAS, J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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