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Reyes v. State

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eBook details

  • Title: Reyes v. State
  • Author : Texas Court of Criminal Appeals
  • Release Date : January 25, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Appellant Benjamin Reyes was convicted of aggravated robbery by a jury of eleven, and his punishment was assessed at twenty-two years confinement. In his first appeal, the court of appeals affirmed the conviction, holding that appellant had waived error by admitting guilt during the punishment phase. Reyes v. State, 971 S.W.2d 737 (Tex. App.- -Houston [14th Dist.] 1998). This Court reversed and remanded. Reyes v. State, 994 S.W.2d 151 (Tex. Crim. App. 1999). On remand, the court of appeals reversed and remanded for a new punishment trial. Reyes v. State, 2 S.W.3d 749 (Tex. App.--Houston [14th Dist.] 1999). We granted the states petition for discretionary review to determine: 1) whether "[t]he court of appeals erred by summarily reversing the appellants conviction without conducting a harm analysis pursuant to Tex. R. App. P. 44.2;" and (2) whether "[t]he court of appeals erred, because the court: (a) failed to give due deference to the trial courts determination that [a] juror . . . was emotionally and/or mentally disabled from sitting as a juror; and (b) failed to apply the proper standard of review; and (c) contradicted this courts established precedent." We reverse and remand.


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