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

U.S. Court of Appeals for the Fifth Circuit
Walter Lee Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 591 F.2d 1207 (5th Cir. 1979)
1979 U.S. App. LEXIS 16060
Coleman, Fay, Per Curiam, Rubin

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

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.

Reference

Full Case Name
Walter Lee BROWN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant
Cited By
6 cases
Status
Published
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