Wilder v. State

Court of Criminal Appeals of Texas

Wilder v. State

623 S.W.2d 650, 1981 Tex. Crim. App. LEXIS 1257

CourtCourt of Criminal Appeals of Texas

DecidedNovember 18, 1981

Docket57848

StatusPublished

Cited by12 cases

This text of 623 S.W.2d 650 (Wilder 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.

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Wilder v. State, 623 S.W.2d 650, 1981 Tex. Crim. App. LEXIS 1257 (Tex. 1981).

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Opinion

OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

DALLY, Judge.

The appellants were convicted of the offense of capital murder and punishment of death was assessed. This Court affirmed the convictions in Wilder and Armour v. State, 583 S.W.2d 349 (Tex.Cr.App.1979). The United States Supreme Court granted the appellants’ writ of certiorari and subsequently vacated the judgments and remanded the cases to this Court in light of Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 69 L.Ed.2d 359 (1981); Wilder v. Texas, — U.S. —, 101 S.Ct. 3133, 69 L.Ed.2d 987 (1981); Armour v. Texas, — U.S. —, 101 S.Ct. 3133, 69 L.Ed.2d 987 (1981). In Estelle v. Smith, supra, the death penalty of the defendant was vacated because of error occurring during the punishment phase of the trial. The error in these cases was at the punishment phase of the trial.

Subsequent to the Supreme Court’s remand in these cases the Governor of the State of Texas commuted the punishment of each appellant to life imprisonment. Since the imposition of the death penalty is *651 no longer possible, and there is no error in the guilt-innocence phase of the trial, the judgments will be affirmed. Adams v. State, 624 S.W.2d 568 (Tex.Cr.App.1981); Whan v. State, 485 S.W.2d 275 (Tex.Cr.App.1972).

The judgments are affirmed.

ONION, P. J., and CLINTON, J., dissent.

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OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

DALLY, Judge.

The appellants were convicted of the offense of capital murder and punishment of death was assessed. This Court affirmed the convictions in Wilder and Armour v. State, 583 S.W.2d 349 (Tex.Cr.App.1979). The United States Supreme Court granted the appellants’ writ of certiorari and subsequently vacated the judgments and remanded the cases to this Court in light of Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 69 L.Ed.2d 359 (1981); Wilder v. Texas, — U.S. —, 101 S.Ct. 3133, 69 L.Ed.2d 987 (1981); Armour v. Texas, — U.S. —, 101 S.Ct. 3133, 69 L.Ed.2d 987 (1981). In Estelle v. Smith, supra, the death penalty of the defendant was vacated because of error occurring during the punishment phase of the trial. The error in these cases was at the punishment phase of the trial.

Subsequent to the Supreme Court’s remand in these cases the Governor of the State of Texas commuted the punishment of each appellant to life imprisonment. Since the imposition of the death penalty is *651 no longer possible, and there is no error in the guilt-innocence phase of the trial, the judgments will be affirmed. Adams v. State, 624 S.W.2d 568 (Tex.Cr.App.1981); Whan v. State, 485 S.W.2d 275 (Tex.Cr.App.1972).

The judgments are affirmed.

ONION, P. J., and CLINTON, J., dissent.

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623 S.W.2d 650, 1981 Tex. Crim. App. LEXIS 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilder-v-state-texcrimapp-1981.

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