Opinion

Martinez v. State

1994 Tex. Crim. App. LEXIS 50 · Court of Criminal Appeals of Texas · Apr 20, 1994

Full text

Emeterio MARTINEZ v. The STATE of Texas

Opinions in this case

Majority — Campbell
Concurrence — Baird

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW CAMPBELL, Judge. Appellant pled guilty to committing the offense of murder and, pursuant to a plea agreement, the trial court assessed punishment at confinement for twenty years. The Court of Appeals reversed the conviction, holding that the evidence was insufficient to support the conviction. Martinez v. State, 841 S.W.2d 954 (Tex.App. — Corpus Christi, 1992). The Court of Appeals did not have the benefit of our recent case interpreting Tex. RApp.Pro. 40(b)(1) and explaining the limits of jurisdiction concerning a notice of appeal. Davis v. State, 870 S.W.2d 43 (Tex.Cr.App. 1994). Accordingly, we summarily grant grounds one and two of the State’s petition for discretionary review, vacate the judgment of the Court of Appeals, and remand the case to the Court of Appeals to reconsider appellant’s points of error in light of Davis. Ground three of the State’s petition is refused.

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Tex. App. Ct., 13th Dist. · Aug 6, 2009

Freeman v. State

Court of Criminal Appeals of Texas · Apr 20, 1994

Parentheticals

State's petition summarily granted and case remanded the case for reconsideration in light of our opinions in Lyon v. State, 872 S.W.2d 732 (Tex.Cr.App. 1994), and Davis v. State, 870 S.W.2d 43 (Tex.Cr.App. 1994)
Freeman v. State