Ex Parte Sorola v. State

In a criminal prosecution for a capital offense the attorney for the State inherently possesses power to abandon the death penalty and decline to qualify jurors on that punishment; from 1965 to 1973 failure of the prosecuting attorney to give written notice that the State would seek the death penalty was held to constitute waiver of capital punishment. See Batten v. State, 533 S.W.2d 788, at 790 (Tex.Cr.App.1976).1

In Batten v. State, supra, because attorney for the State did not file such written *929notice, the trial judge determined that capital punishment was not in the case and, therefore,…