Court of Criminal Appeals of Texas
Derrick Derane Jones, Appellant v. the State of Texas, Appellee
March 19, 19971997 Tex. Crim. App. LEXIS 13
Summary
The Court of Criminal Appeals reversed the Court of Appeals' reversal and remanded for consideration of the second point of error. It held that Rule 50(e) does not apply when the record was never created and that the appellant failed to preserve the error by not objecting to the missing portion of the voir dire. Accordingly, the judgment was reversed and the case sent back for the remaining issue. Justice Baird, dissenting, argued that the majority should have remanded the case to allow the intermediate appellate court to address the new authority.