# Grimes v. State

> Court of Criminal Appeals of Texas · March 27, 1991 · 807 S.W.2d 582

URL: https://www.frixlaw.com/law-library/cases/9858020

## Case

- **Full name:** Troy Lee GRIMES, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 27, 1991
- **Citations:** 807 S.W.2d 582; 1991 Tex. Crim. App. LEXIS 63; 1991 WL 40682
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** McCormick, Miller, Baird, Clinton
- **Cited by:** 117 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/9858020

## How later opinions describe it (automated extraction)

- holding that the legislature’s enactment of Code of Criminal Procedure Article 44.29(b), which changed the law so that reversible error during the punishment phase of a trial would result only in a new punishment hearing rather than a completely new trial, did not constitute a…
- holding that the legislature’s enactment of Code of Criminal Procedure Article 44.29(b
- discussing difference between prohibition against ex-post-facto law and prohibition against retroactive law and assuming for sake of argument that “proscription- against retroactive legislation is applicable to criminal cases”
- holding change in criminal procedure article 44.29(b) requiring remand case for punishment hearing only instead of new trial was not retroactive law

## Opinion text

MILLER, Judge,
concurring.
Although I am in sympathy with much that Judge Baird’s dissent says about the proper interpretation of Tex. Const, art I, Sec. 16, the nature of what I and the majority opinion perceive to be a substantial right in Texas criminal jurisprudence compels the conclusion that the statutory “right” under former Art. 44.29, V.A.C. C.P., to have the error free guilt stage of a trial relitigated because of an error in the punishment phase, is not substantial. Opinion at pages 587 and 588.
Thus I concur in the result reached by the majority.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858020. Public record. Not legal advice.