Texas Code of Criminal Procedure - Article 44.2511. Reformation Of Sentence In Capital Case For Offense Committed Before September 1, 1991

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Art. 44.2511. REFORMATION OF SENTENCE IN CAPITAL CASE FOR 
OFFENSE COMMITTED BEFORE SEPTEMBER 1, 1991.  (a) This article 
applies to the reformation of a sentence of death in a capital case 
for an offense committed before September 1, 1991.  For purposes of 
this subsection, an offense is committed before September 1, 1991, 
if every element of the offense occurred before that date.
	(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 if the court finds 
that there is legally insufficient evidence to support an 
affirmative answer to an issue submitted to the jury under Section 
3(b), Article 37.0711.
	(c)  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 if:
	(1)  the court finds reversible error that affects the 
punishment stage of the trial other than a finding of insufficient 
evidence under Subsection (b);  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.
	(d)  If the court of criminal appeals finds reversible error 
that affects the punishment stage of the trial only, as described by 
Subsection (c), 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).

Added by Acts 2005, 79th Leg., ch. 787, Sec. 11, eff. Sept. 1, 2005.          

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Last modified: August 10, 2007