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Texas Code of Criminal Procedure - Article 44.29. Effect Of Reversal

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 44.29. Effect Of Reversal

Art. 44.29. [852] [945] [911] EFFECT OF REVERSAL.  (a) Where 
the court of appeals or the Court of Criminal Appeals awards a new 
trial to the defendant on the basis of an error in the guilt or 
innocence stage of the trial or on the basis of errors in both the 
guilt or innocence stage of the trial and the punishment stage of 
the trial, the cause shall stand as it would have stood in case the 
new trial had been granted by the court below.
	(b)  If the court of appeals or the Court of Criminal Appeals 
awards a new trial to a defendant other than a defendant convicted 
of an offense under Section 19.03, Penal Code, only on the basis of 
an error or errors made in the punishment stage of the trial, the 
cause shall stand as it would have stood in case the new trial had 
been granted by the court below, except that the court shall 
commence the new trial as if a finding of guilt had been returned 
and proceed to the punishment stage of the trial under Subsection 
(b), Section 2, Article 37.07, of this code.  If the defendant 
elects, the court shall empanel a jury for the sentencing stage of 
the trial in the same manner as a jury is empaneled by the court for 
other trials before the court.  At the new trial, the court shall 
allow both the state and the defendant to introduce evidence to show 
the circumstances of the offense and other evidence as permitted by 
Section 3 of Article 37.07 of this code.
	(c)  If any court sets aside or invalidates the sentence of a 
defendant convicted of an offense under Section 19.03, Penal Code, 
and sentenced to death on the basis of any error affecting 
punishment only, the court shall not set the conviction aside but 
rather shall commence a new punishment hearing under Article 37.071 
or Article 37.0711 of this code, as appropriate, as if a finding of 
guilt had been returned.  The court shall empanel a jury for the 
sentencing stage of the trial in the same manner as a jury is to be 
empaneled by the court in other trials before the court for offenses 
under Section 19.03, Penal Code.  At the new punishment hearing, the 
court shall permit both the state and the defendant to introduce 
evidence as permitted by Article 37.071 or Article 37.0711 of this 
code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.                                

Amended by Acts 1981, 67th Leg., p. 817, ch. 291, Sec. 137, eff. 
Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 179, Sec. 1, eff. Aug. 31, 
1987.  Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch. 838, 
Sec. 2, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1993, 73rd 
Leg., ch. 781, Sec. 4, eff. Aug. 30, 1993.

Last modified: August 11, 2007