# in Re State of Texas Ex Rel, Tharp, Jennifer

> Court of Criminal Appeals of Texas · November 14, 2012 · 393 S.W.3d 751

URL: https://www.frixlaw.com/law-library/cases/9812080

## Case

- **Full name:** In Re the STATE of Texas Ex Rel. Jennifer THARP, Relator
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 14, 2012
- **Citations:** 393 S.W.3d 751; 2012 Tex. Crim. App. LEXIS 1549; 2012 WL 5499867
- **Precedential status:** Published
- **Opinion:** Dissent by Meyers
- **Judges:** Keller, Keasler, Hervey, Cochran, Alcalá, Price, Johnson, Womack, Meyers
- **Cited by:** 49 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/9812080

## How later opinions describe it (automated extraction)

- stating that “[b]oth statute and caselaw are unequivocal that a plea of guilty causes the trial to become unitary”

## Opinion text

MEYERS, J.,
filed a statement dissenting to the denial of Respondent’s Motion for Rehearing.
Article 37.07, Section 2(b), provides that punishment shall be assessed by the judge unless the defendant elects jury assessment in writing before the commencement of the voir dire examination of the jury panel. This was not the case when Rojas v. State, 404 S.W.2d 30 (Tex.Crim.App.1966) was decided. Back then, a defendant could request that the jury assess punishment after the jury returned a guilty verdict. Therefore, Rojas really does not apply to this case and should not have been relied upon by the majority. Additionally, because we have no case law indicating that the defendant’s waiver of his right to jury-assessed punishment was improper, the State failed to demonstrate a clear right to the mandamus relief it sought. Therefore, I would grant Respondent’s motion for rehearing and reconsider our holding in this case.
I respectfully dissent to the majority’s denial of the motion for rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9812080. Public record. Not legal advice.