Court of Criminal Appeals of Texas
State of Texas ex rel. Robert O. Smith
October 10, 19731973 Tex. Crim. App. LEXIS 1926
Summary
The Court held that Section 4.06 of the Texas Controlled Substances Act, which permits district judges to resentence individuals convicted of marijuana offenses, is unconstitutional because it infringes the Governor's exclusive clemency power under Article IV, Section 11 of the Texas Constitution. The writ of prohibition was issued to prevent the district judge from acting on the resentencing petition. A concurring judge agreed with the holding but added separate reasoning concerning the Act's caption and the exclusive nature of the clemency power.