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eBook details

• Title: Ex Parte Jose Moises Guzmon
• Author : 615 Court of Criminal Appeals of Texas No. 69
• Release Date : January 20, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

Opinion ON STATE'S MOTION TO DISMISS On original submission applicant was granted the relief requested pursuant to Art. 11.07, V.A.C.C.P. and was remanded to the custody of the Sheriff of Navarro County to answer the indictment against him. Ex parte Guzmon, 730 S.W.2d 724 (Tex.Crim.App. 1987). The State filed a motion for rehearing. On April 30, 1987, during the pendency of that motion, the Hon. William P. Clements, Governor of the State of Texas, entered his Executive Order commuting applicant's death penalty to life imprisonment. All of the issues presented in the application for writ of habeas corpus relate only to errors occurring in the penalty stage of applicant's trial. Appellant's complaints go only to the imposition of the death penalty, not the imposition of the alternative lesser punishment of life in prison. Once a defendant is found guilty of capital murder, punishment may only be assessed at death or life imprisonment. V.T.C.A. Penal Code, § 12.31. The Governor's order, therefore, has made the matter moot. See O'Pry v. State, 642 S.W.2d 748 (Tex.Cr.App. 1982).

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