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 is unconstitutional because it grants district judges the power to resentence, effectively a commutation, which infringes the Governor's exclusive clemency authority under Article IV, Section 11 of the Texas Constitution. The writ of prohibition was issued, and the Court affirmed its jurisdiction to grant the writ. A concurring opinion added reasoning about the Act's caption and reaffirmed the unconstitutionality.