Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Fifth Circuit

Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections

591 F.2d 1207, 1979 U.S. App. LEXIS 16060

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 21, 1979

Docket78-2672

StatusPublished

Cited by6 cases

This text of 591 F.2d 1207 (Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 591 F.2d 1207, 1979 U.S. App. LEXIS 16060 (5th Cir. 1979).

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Opinion

PER CURIAM:

For the reasons set forth by the trial court in its opinion, Brown v. Estelle, S.D.Tex.1978, the trial court’s grant of a writ of habeas corpus is affirmed.

It appears that, under Texas law, an error in sentencing proceedings before a jury requires the state Appellate Court to reverse the entire conviction, not merely to remand for resentencing. Tex.Code Crim. Pro. Art. 44.24(b); Bullard v. State, Tex.Cr.App.1977, 548 S.W.2d 13, 18; Ellison v. State, Tex.Cr.App.1968, 432 S.W.2d 955, 957. Accordingly, the District Court’s judgment is modified in part as follows: The State shall be given the option either of retrying or resentencing the appellee within

120 days, as may be appropriate under Texas law.

AFFIRMED.

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PER CURIAM:

For the reasons set forth by the trial court in its opinion, Brown v. Estelle, S.D.Tex.1978, the trial court’s grant of a writ of habeas corpus is affirmed.

It appears that, under Texas law, an error in sentencing proceedings before a jury requires the state Appellate Court to reverse the entire conviction, not merely to remand for resentencing. Tex.Code Crim. Pro. Art. 44.24(b); Bullard v. State, Tex.Cr.App.1977, 548 S.W.2d 13, 18; Ellison v. State, Tex.Cr.App.1968, 432 S.W.2d 955, 957. Accordingly, the District Court’s judgment is modified in part as follows: The State shall be given the option either of retrying or resentencing the appellee within

120 days, as may be appropriate under Texas law.

AFFIRMED.

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591 F.2d 1207, 1979 U.S. App. LEXIS 16060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-lee-brown-v-w-j-estelle-jr-director-texas-department-of-ca5-1979.

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