Windom v. State

As an intermediate appellate court, we are bound by decisions of the Court of Criminal Appeals even when they lead to manifestly unjust results, as in the present case. Judicial restraint requires that I be bound, but I will not be gagged. I urge the Court of Criminal Appeals to reexamine its decision in Parker v. State, 626 S.W.2d 738 (Tex.Crim.App.1981) implicitly holding, in complete absence of any stated rationale, that article 37.14 of the Code of Criminal Procedure (providing that a defendant prosecuted for an offense, but convicted of a lesser offense, has been acquitted of the higher…