Court of Criminal Appeals of Texas
SMITH v. STATE OF TEXAS, 71,496
In appeal after imposition of death penalty, 1) jury could have reasonably concluded that appellant constituted a continuing threat to society, 2) sentencing factor of deliberateness does not constitute a fact finding that must be made by the same jury who determined guilt-innocence, under Apprendi, and 3) thirteen years appellant spent challenging his conviction and sentence was not "cruel and unusual."
Appellate Information
- Decided 05/08/2002
- Published 05/08/2002
Judges
Court
- Court of Criminal Appeals of Texas