Court of Criminal Appeals of Texas

Antonio Zavala Cardenas, Appellant v. the State of Texas

November 10, 20102010 Tex. Crim. App. LEXIS 1391

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' reversal, holding that appellant properly preserved error, that defense counsel’s voir dire question was proper and not an improper commitment question, and that the trial court abused its discretion by denying challenges for cause to jurors who could not consider the minimum punishment. The court explained that jurors must be able to consider the full range of punishment and that no follow‑up questioning was required to preserve error. Accordingly, the convictions were reversed and the case remanded for a new trial.