# 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/9762206

## 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:** On rehearing by Dally
- **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/9762206

## 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

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762206. Public record. Not legal advice.