Postell v. State

In appellant’s first ground of error he contends the trial court erred in requiring him to file his election on punishment prior to voir dire of the jury panel.

Although criminal defendants have no constitutional right to have the jury assess punishment, such a right has been afforded an accused under article 37.07 of the Texas Code of Criminal Procedure. Tinney v. State, 578 S.W.2d 137 (Tex.Cr.App.1979). Article 37.07(b) states:

Except as provided in article 37.071 [capital cases] if a finding of guilty is returned, it shall be the responsibility of the judge to assess the punishment…