Lopez v. State

664 S.W.2d 85, 1984 Tex. Crim. App. LEXIS 580

• Court: Court of Criminal Appeals of Texas
• Decided: February 1, 1984
• Docket: 651-83
• Status: Published

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of aggravated delivery of marihuana. Punishment was assessed by the jury at imprisonment in the Texas Department of Corrections for 16 years and a $50,000 fine. The conviction was reversed by the Fort Worth Court of Appeals in a published opinion by Justice Burdock, with a dissenting opinion by Chief Justice Fender. Lopez v. State, 651 S.W.2d 413 (1983).

The Court of Appeals reversed the conviction on the narrow issue of the admissibility of a videotaped re-enactment of the offense.

In supplemental memoranda both the state and the appellant recognize that this Court’s decision on the constitutionality of House Bill 730 of the 67th Legislature (Acts 1981, ch. 268, p. 696) may ultimately control the disposition of this conviction. We agree.

Therefore, pursuant to the authority conferred on this Court by Articles 44.37 and 44.45(b), V.A.C.C.P., Tex.Cr.App.R. 304(a) the state’s petition for discretionary review is granted. Sanchez v. State, 628 S.W.2d 780 (Tex.Cr.App.1982); Froyd v. State, 633 S.W.2d 884 (Tex.Cr.App.1982). The case is ordered remanded to the Court of Appeals for the Second Supreme Judicial District for reconsideration of appellant’s contention presented but not addressed by the Court of Appeals, that House Bill 730 is unconstitutional, in light of this Court’s decision in Ex parte Crisp, 661 S.W.2d 944 (1983).

IT IS SO ORDERED.

ODOM, J., dissents to the order of remand.