Court of Criminal Appeals of Texas

Wayne Mandlebert Robinson, Appellant v. the State of Texas, Appellee

September 16, 19871987 Tex. Crim. App. LEXIS 635

Summary

The Court affirmed the aggravated kidnapping conviction, rejecting the appellant’s claims that the Speedy Trial Act was enforceable, that a voluntary‑release instruction should have been given at the guilt phase, that the prior‑conviction enhancement was void, and that the pen‑packet documents were unauthenticated. The majority held that the Speedy Trial statute is unconstitutional, that the instruction may be submitted at punishment, that the prior conviction stands despite alleged procedural defects, and that the pen‑packet satisfied authentication requirements. The dissent argued that pending rehearing decisions should not be treated as authority for points one and two.