(a) This article applies to the reformation of a sentence of death in a capital case for an offense committed before September 1, 1991. For purposes of this subsection, an offense is committed before September 1, 1991, if every element of the offense occurred before that date.
(b) The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life if the court finds that there is legally insufficient evidence to support an affirmative answer to an issue submitted to the jury under Section 3(b), Article 37.0711.
(c) The court of criminal appeals shall reform a sentence of death to a sentence of confinement in the Texas Department of Criminal Justice for life if:
(1) the court finds reversible error that affects the punishment stage of the trial other than a finding of insufficient evidence under Subsection (b); and
(2) within 30 days after the date on which the opinion is handed down, the date the court disposes of a timely request for rehearing, or the date that the United States Supreme Court disposes of a timely filed petition for writ of certiorari, whichever date is later, the prosecuting attorney files a motion requesting that the sentence be reformed to confinement for life.
(d) If the court of criminal appeals finds reversible error that affects the punishment stage of the trial only, as described by Subsection (c), and the prosecuting attorney does not file a motion for reformation of sentence in the period described by that subsection, the defendant shall receive a new sentencing trial in the manner required by Article 44.29(c).
Added by Acts 2005, 79th Leg., Ch. 787 (S.B. 60), Sec. 11, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.037, eff. September 1, 2009.
Art. 44.01 | Art. 44.02 | Art. 44.04 | Art. 44.041 | Art. 44.07 | Art. 44.10 | Art. 44.12 | Art. 44.15 | Art. 44.16 | Art. 44.17 | Art. 44.18 | Art. 44.181 | Art. 44.19 | Art. 44.20 | Art. 44.25 | Art. 44.251 | Art. 44.28 | Art. 44.2811 | Art. 44.2811 | Art. 44.2812 | Art. 44.29 | Art. 44.33 | Art. 44.35 | Art. 44.39 | Art. 44.41 | Art. 44.42 | Art. 44.43 | Art. 44.44 | Art. 44.45 | Art. 44.46