(DOWNLOAD) "Ex Parte Feryl John Granger" by Court of Criminal Appeals of Texas No. 1109-91 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ex Parte Feryl John Granger
- Author : Court of Criminal Appeals of Texas No. 1109-91
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW On January 3, 1978, Steve Anderson and his wife were murdered in
Sugarland. In October of that year, appellant Feryl John Granger was tried and convicted of capital murder for the killing
of Steve Anderson. Although the jury charge at the trial included instructions on both murder for remuneration (a capital
offense under Texas Penal Code § 19.03(a)(3)) and the lesser included offense of "ordinary" murder (a non-capital offense
under Texas Penal Code § 19.02(a)(1)), the jury chose to find appellant guilty of murder for remuneration. On direct appeal,
this Court reversed the capital murder conviction on the ground the evidence was, under state statutory law, insufficient
to prove the capital element of remuneration. Granger v. State, 605 S.W.2d 602 (Tex.Cr.App. 1980).1 We concluded our opinion,
inappropriately, with the purely advisory comment that "appellant may . . . be retried for the lesser included offense of
murder." Id. at 605. Appellant was later indicted, tried, and convicted of "ordinary" murder based on the same criminal transaction. That conviction,
too, was overturned, because of trial error unrelated to the sufficiency of the evidence. Granger v. State, 653 S.W.2d 868
(Tex.App.--Corpus Christi 1983), aff'd, 683 S.W.2d 387 (Tex.Cr.App. 1984), cert. denied, 472 U.S. 1012, 86 L. Ed. 2d 728,
105 S. Ct. 2713 (1985). In its opinion reversing appellant's second conviction, the Thirteenth Court of Appeals2 specifically
rejected his argument that his retrial for murder had been barred by our federal and state constitutional guarantees against
being placed in jeopardy twice for the same offense. See U.S. Const. amend. 5; Tex. Const. art. 1, § 14. The court of appeals,
citing this Court's advisory statement in its 1980 Granger opinion, explained that "the Court of Criminal Appeals has already
indicated that appellant could be retried for the lesser included offense of murder." Granger v. State, 653 S.W.2d at 877.