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Does anyone have a voir dire on a sexual assault of a child case with auto life.
Defense attorney wants to go to jury for punishment even though it is an auto life case.
 
Posts: 171 | Registered: June 30, 2005Reply With QuoteReport This Post
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Pretty sure that's not how that works, is it? Isn't the sentence a ministerial act after conviction in those cases? Like in a non-death capital murder?
 
Posts: 2434 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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It seems to me that the jury would have to find the enhancement true and then be instructed if true you sentence the defendant to life--unless I am missing something.
 
Posts: 171 | Registered: June 30, 2005Reply With QuoteReport This Post
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Ah, right, gotcha. That's what I get for answering Qs while watching lege hearings LOL.
 
Posts: 2434 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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