Legal Opinion · Concurrence

Miller v. State

Court of Appeals of Texas

Decided September 22, 1982No. 04-81-00027-CRPublished

1ConcurrenceButts, Justice

I concur in the judgment with these supporting remarks. The 1975 amendment to Tex.Penal Code Ann. § 8.07 (Vernon 1974) removed all doubts that the Legislature acknowledged its earlier enactments brought two unwanted results. First, did the Legislature intend to change the determinative age of the juvenile from that at the time of the trial to the age at the time of the offense for a period of only four months, from September 1, 1973, to December 31, 1973. This seems unlikely, but that conclusion is reasonable if § 8.07(b),1 passed to become effective in 1974, is construed to prevail over the…

2Cases cited1 opinion

  1. Ex Parte De Jesus De La OCourt of Criminal Appeals of Texas · 1950

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