Carroll v. State

OPINION

in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, HERVEY and HOLCOMB, JJ., joined.

We granted review to determine whether it is within the court of appeals’ scope of review on remand to reconsider a particular point of error and decide it based on grounds not expressly contemplated by this Court’s remand order. 1 We find that it is and thus affirm the judgment of the court of appeals in this case.

I

A jury convicted appellant, Timothy Earl Carroll, of the offense of aggravated robbery, and, finding the two enhancement paragraphs to be true, sentenced him to 40 years imprisonment in…