Court of Criminal Appeals of Texas

Vernon P. Lyles, Appellant v. the State of Texas, Appellee

February 3, 19931993 Tex. Crim. App. LEXIS 29

Summary

The Court held that Article 22.16(a) is unconstitutional because it depends on the invalid subsection (c), and affirmed the trial court's denial of remittitur, finding no abuse of discretion. The decision relies on prior holdings that subsection (c) violates the Texas Constitution's separation of powers and that remittitur is discretionary under subsection (d). Justice Baird dissented, Justice Clinton concurred, and Justice Campbell both concurred and dissented.