Ex Parte Youngblood

Valid reasons why Ex parte Johnson, 697 S.W.2d 605 (Tex.Cr.App.1985), was wrongly decided are set forth in the several dissenting opinions therein, and to reprise them here would be redundant. Nevertheless, this proceeding presents an occasion for the Court to determine whether Article 37.10(b) may be gratuitously invoked and applied by this Court in a post conviction habeas proceeding in which a final judgment of conviction imposes a sentence based upon a verdict of a jury assessing punishment not authorized by law. The majority fails to address that question, so I will.

First of all, even if…