Jose Pena, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals vacated and remanded the case, holding that the Court of Appeals erred by deciding a novel Texas constitutional issue without giving the parties notice and an opportunity to brief the issue. The decision emphasizes that appellate courts must provide such notice before addressing unraised constitutional questions. Separate dissenting opinions argue that the majority’s remand is unnecessary and that the lower court’s decision should stand.