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Stevenson v. State

751 S.W.2d 508, 1988 Tex. Crim. App. LEXIS 107, 1988 WL 51461
CourtCourt of Criminal Appeals of Texas
DecidedMay 25, 1988
Docket928-85
StatusPublished
Cited by20 cases

This text of 751 S.W.2d 508 (Stevenson v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevenson v. State, 751 S.W.2d 508, 1988 Tex. Crim. App. LEXIS 107, 1988 WL 51461 (Tex. 1988).

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

Appellant was convicted of forgery and punishment was assessed at ten years imprisonment. The Eastland Court of Appeals ruled that the trial court had improperly denied appellant’s speedy trial motion, reversed the conviction, and ordered the prosecution dismissed. The State petitioned this Court for discretionary review, which we granted to consider the constitutionality of Art. 32A.02, V.A.C.C.P., hereinafter the Speedy Trial Act.

A majority of this Court recently declared the Speedy Trial Act unconstitutional and void in its entirety. Meshell v. State, 739 S.W.2d 246 (Tex.Cr.App.1987). [509]*509The holding in Meshell, supra, announced that by enacting the Speedy Trial Act the Legislature had violated the separation of powers doctrine under Article II, § 1 of the Texas Constitution. Meshell’s motion for leave to file a motion for rehearing was denied November 4, 1987. We recently held that an unconstitutional statute is void from its inception and cannot provide a basis for any right or relief. Jefferson v. State, 751 S.W.2d 502 (Tex.Cr.App.1988). See also 12 Tex.Jur.3d, Constitutional Law, § 41, at 548 (and cases in n. 33 thereof).

We therefore find that based upon the decision in Meshell, supra, the Court of Appeals improperly sustained appellant’s Speedy Trial Act claims on appeal. We reverse the Court of Appeals’ disposition of the claims and remand the case to that court for consideration of appellant’s other points of error.

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751 S.W.2d 504 (Court of Criminal Appeals of Texas, 1988)
Massey v. State
751 S.W.2d 505 (Court of Criminal Appeals of Texas, 1988)
Wright v. State
751 S.W.2d 506 (Court of Criminal Appeals of Texas, 1988)
Garcia v. State
751 S.W.2d 507 (Court of Criminal Appeals of Texas, 1988)
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751 S.W.2d 512 (Court of Criminal Appeals of Texas, 1988)
Beddoe v. State
752 S.W.2d 564 (Court of Criminal Appeals of Texas, 1988)
Orn v. State
753 S.W.2d 394 (Court of Criminal Appeals of Texas, 1988)
Stevenson v. State
751 S.W.2d 508 (Court of Criminal Appeals of Texas, 1988)
Lapasnick v. State
751 S.W.2d 880 (Court of Appeals of Texas, 1988)

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Bluebook (online)
751 S.W.2d 508, 1988 Tex. Crim. App. LEXIS 107, 1988 WL 51461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-state-texcrimapp-1988.