Carmell v. State

OPINION ON REMAND

On original submission, this court held the amended version of article 38.07 applied to Appellant’s case because it was a rule of procedure rather than a statute affecting the range of punishment or the elements of an offense. See Carmell v. State, 963 S.W.2d 833, 836 (Tex.App.—Fort Worth 1998, pet. ref'd). The Texas Court of Criminal Appeals refused Appellant’s petition for discretionary review, and certiorari was granted after appeal was taken to the United States Supreme Court. See Carmell v. Texas, 527 U.S. 1002, 119 S.Ct. 2336, 144 L.Ed.2d 234 (1999). In Carmell v.…