Court of Criminal Appeals of Texas
Ex Parte Eddie James Johnson
October 9, 19851985 Tex. Crim. App. LEXIS 1705
Summary
The Court held that the 1985 amendment to Article 37.10(b) of the Texas Code of Criminal Procedure applies retroactively in post‑conviction habeas proceedings, allowing the court to reform a jury verdict that includes an unauthorized fine. Accordingly, the $10,000 fine assessed in the 1980 aggravated‑robbery conviction was void and was removed, while the $5,000 fine in the other conviction was upheld. The decision was contested in three dissenting opinions.