Texas Code of Criminal Procedure - Article 44.251. Reformation Of Sentence In Capital Case

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Art. 44.251. REFORMATION OF SENTENCE IN CAPITAL CASE.  (a) 
The court of criminal appeals shall reform a sentence of death to a 
sentence of confinement in the institutional division of the Texas 
Department of Criminal Justice for life without parole if the court 
finds that there is legally insufficient evidence to support an 
affirmative answer to an issue submitted to the jury under Section 
2(b), Article 37.071.
	(b)  The court of criminal appeals shall reform a sentence of 
death to a sentence of confinement in the institutional division of 
the Texas Department of Criminal Justice for life without parole 
if:
	(1)  the court finds reversible error that affects the 
punishment stage of the trial other than a finding of insufficient 
evidence under Subsection (a) of this article;  and
	(2)  within 30 days after the date on which the opinion is 
handed down, the date the court disposes of a timely request for 
rehearing, or the date that the United States Supreme Court 
disposes of a timely filed petition for writ of certiorari, 
whichever date is later, the prosecuting attorney files a motion 
requesting that the sentence be reformed to confinement for life 
without parole.
	(c)  If the court of criminal appeals finds reversible error 
that affects the punishment stage of the trial only, as described by 
Subsection (b) of this article, and the prosecuting attorney does 
not file a motion for reformation of sentence in the period 
described by that subsection, the defendant shall receive a new 
sentencing trial in the manner required by Article 44.29(c) of this 
code.

Added by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec. 2, eff. Aug. 
31, 1981.  Amended by Acts 1991, 72nd Leg., ch. 838, Sec. 3, eff. 
Sept. 1, 1991.  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 
781, Sec. 3, eff. Aug. 30, 1993;  Subsecs. (a), (b) amended by Acts 
2005, 79th Leg., ch. 787, Sec. 10, eff. Sept. 1, 2005.

Last modified: August 10, 2007