Wirth v. State

OPINION ON REMAND

Opinion on Remand by Justice MOSELEY.

On January 31, 1996, the Texas Court of Criminal Appeals issued its ruling in Cle*163wis v. State, 922 S.W.2d 126 (Tex.Crim.App.1996), wherein it acknowledged that the Texas Constitution conferred upon the courts of appeals “appellate jurisdiction, under such regulations as may be ‘prescribed by law. Provided, that the decision of said courts [of appeals ] shall be conclusive on all questions of fact brought before them on appeal or error ”1 and ruled that the authority to rule on the factual sufficiency of evidence extended to reviews in…