Powell v. State
Decision Date | 14 April 1982 |
Docket Number | No. 1,No. 67799,67799,1 |
Citation | 631 S.W.2d 169 |
Parties | Otis Joe POWELL, Appellant, v. The STATE of Texas, Appellee |
Court | Texas Court of Criminal Appeals |
Travis W. Young, Fort Worth, for appellant.
Tim Curry, Dist. Atty., C. Chris Marshall, George Mackey, Randell Means and James J. Heinemann, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.
Before ROBERTS, DALLY and TEAGUE, JJ.
The appellant was indicted for burglary with a single enhancement paragraph which alleged that he had once before been convicted of a felony offense. He pleaded guilty to the charge and true to the enhancement paragraph. The jury assessed his punishment at confinement for twenty-five years.
The appellant does not challenge the sufficiency of the evidence. In his sole ground of error, he contends that the trial court erred in preventing him from asking prospective jurors about "their beliefs in the underlying theories of incarceration."
In general remarks addressed to the entire panel of prospective jurors, the appellant's counsel stated:
The first juror was then asked, "With regard to my question of incarceration, Mr. Robertson, do you consider yourself a believer in the theory of deterrents (sic), punishment, or rehabilitation?" The prosecutor objected to the question as being outside the scope of voir dire. He also stated that the trial court "was not going to instruct the jury on any part of that." The trial court sustained the objection.
The appellant's counsel was subsequently told by the trial court that he would not be permitted to make similar inquiries of the remaining members of the venire. The trial court noted that the appellant's counsel excepted to that ruling with regard to each member of the panel.
In Mathis v. State, 576 S.W.2d 835, 836-837 (Tex.Cr.App.1979), we stated:
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...from asking veniremembers questions relevant to punishment, testing their philosophy and feelings about punishment. Powell v. State, 631 S.W.2d 169 (Tex. Crim. App. 1982). §14:53.3 Inquiries on Status of Victim or Witness The defendant is allowed to discover a veniremember’s views on the st......
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Jury Selection and Voir Dire
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Jury Selection and Voir Dire
...from asking veniremembers questions relevant to punishment, testing their philosophy and feelings about punishment. Powell v. State, 631 S.W.2d 169 (Tex. Crim. App. 1982). §14:53.3 Inquiries on Status of Victim or Witness The defendant is allowed to discover a veniremember’s views on the st......