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Weatherford v. State

Court of Criminal Appeals of Texas, En Banc
Apr 15, 1992
828 S.W.2d 12 (Tex. Crim. App. 1992)

Summary

holding that the remedy for a failure to address a reply to point of error on appeal is to vacate and remand the case to the court of appeals to consider the neglected argument

Summary of this case from Light v. State

Opinion

No. 230-92.

April 15, 1992.

Appeal from Eastland Court of Appeals, Eleventh Judicial District

John H. Hagler (on appeal only), Dallas, for appellant.

Ernie B. Armstrong, Dist. Atty., and Dana W. Cooley, Asst. Dist. Atty., Snyder, Robert Huttash, State's Atty. and Carl E.F. Dally, First Asst. State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW


A jury convicted appellant of theft of oilfield property. The court found the enhancement allegation to be true and assessed punishment at confinement for forty years. The Court of Appeals reversed the conviction. Weatherford v. State, 822 S.W.2d 217 (Tex.App. — Eastland, 1991). The State, through the District Attorney of Scurry County and the State Prosecuting Attorney, filed petitions for discretionary review contending that the Court of Appeals failed to address the State's initial reply to appellant's points of error concerning the search and seizure of property from appellant's oilfield property and business office. The State had argued that appellant had not preserved any error for appellate review. The State contends that its argument is dispositive of the case and the Court of Appeals erred by not addressing it. See Tex.R.App.Proc. 90(a). The State also contends that the Court of Appeals failed to conduct a harm analysis under Tex.R.App.Proc. 81(b)(2) after finding the search and seizure to have been improper.

The Court of Appeals sustained appellant's search and seizure points without addressing the State's contention that such issues were not preserved for appellate review. Further, the court did not conduct a harmless error review. Therefore, we summarily grant grounds one and five of the District Attorney's petition for discretionary review and grounds one and four of the State Prosecuting Attorney's petition. See Rules 81(b)(2) and 90(a). The judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals to consider the State's grounds so mentioned.


Summaries of

Weatherford v. State

Court of Criminal Appeals of Texas, En Banc
Apr 15, 1992
828 S.W.2d 12 (Tex. Crim. App. 1992)

holding that the remedy for a failure to address a reply to point of error on appeal is to vacate and remand the case to the court of appeals to consider the neglected argument

Summary of this case from Light v. State

In Weatherford v. State, 828 S.W.2d 12 (Tex.Cr.App. 1992), we sustained the State's contention that the Court of Appeals had erred in failing to address its contention that the issues upon which reversal was based were not preserved and remanded the case for full consideration of the State's brief.

Summary of this case from King v. State
Case details for

Weatherford v. State

Case Details

Full title:Jim Bob WEATHERFORD, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Apr 15, 1992

Citations

828 S.W.2d 12 (Tex. Crim. App. 1992)

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