Clemons v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of the offense of involuntary manslaughter. Punishment was assessed by the jury at imprisonment in the Texas Department of Corrections for “not more than ten years.” The conviction was reversed and remanded by the Court of Appeals for the Tenth Supreme Judicial District in a published opinion. Clemons v. Texas, 671 S.W.2d 552 (1983).

The Court of Appeals reversed and remanded the conviction for unassigned error on appeal because the jury verdict assessed punishment at “not more than ten years” which was not…