Hardy v. State

OPINION

Appellant was convicted by a jury of aggravated rape. The jury assessed punishment at 60 years in the Texas Department of Corrections. On appeal the Houston [14th] Court of Appeals affirmed the conviction. Hardy v. State, 722 S.W.2d 164 (Tex.App. — Houston [14th] 1986).

Appellant raises three grounds for review, one of which asserts the Court of Appeals was in error in holding that Bat-son v. Kentucky, 476 U.S.-, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) is not to be applied retroactively. In the period since *159the Court of Appeals delivered their opinion in this cause the United States…