Ex Parte Johnson

The question posed by this case is whether the Court of Criminal Appeals may utilize the 1985 amendment to Article 37.10, V.A.C.C.P., in a post-conviction writ of ha-beas corpus proceedings under Article 11.-07, V.A.C.C.P., and reform a jury’s verdict in 1980 which was void from its inception.

The majority says it can be done. I do not agree.

The applicant was charged with aggravated robbery in Cause No. 314984 in the 262nd District Court. In addition to the proper range of punishment for the first-degree felony charged where a prior felony has been alleged and proved, Y.T.C.A., Penal Code, §…