Tex.
Code of Crim. Proc. Article 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 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 (Procedure in Capital Case), or Section 2(b), Article 37.072 (Procedure in Repeat Sex Offender Capital Case).(b)
The court of criminal appeals shall reform a sentence of death to a sentence of confinement in 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); 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 (Effect of Reversal)(c) or (d), as applicable.(d)
The court of criminal appeals shall reform a sentence of death imposed under Section 12.42 (Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony)(c)(3), Penal Code, to a sentence of imprisonment in the Texas Department of Criminal Justice for life without parole if the United States Supreme Court:(1)
finds that the imposition of the death penalty under Section 12.42 (Penalties for Repeat and Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony)(c)(3), Penal Code, violates the United States Constitution; and(2)
issues an order that is not inconsistent with this article.
Source:
Article 44.251 — Reformation of Sentence in Capital Case, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.44.htm#44.251 (accessed Apr. 20, 2024).
