(b) If the jury assesses punishment in a case and in the verdict assesses both punishment that is authorized by law for the offense and punishment that is not authorized by law for the offense, the court shall reform the verdict to show the punishment authorized by law and to omit the punishment not authorized by law. If the trial court is required to reform a verdict under this subsection and fails to do so, the appellate court shall reform the verdict as provided by this subsection.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1985, 69th Leg., ch. 442, Sec. 1, eff. June 11, 1985.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 37.02. Verdict by Nine Jurors
Article 37.03. In County Court
Article 37.04. When Jury Has Agreed
Article 37.05. Polling the Jury
Article 37.06. Presence of Defendant
Article 37.07. Verdict Must Be General; Separate Hearing on Proper Punishment
Article 37.071. Procedure in Capital Case
Article 37.0711. Procedure in Capital Case for Offense Committed Before September 1, 1991
Article 37.072. Procedure in Repeat Sex Offender Capital Case
Article 37.073. Repayment of Rewards; Fines
Article 37.08. Conviction of Lesser Included Offense
Article 37.09. Lesser Included Offense
Article 37.10. Informal Verdict
Article 37.11. Defendants Tried Jointly
Article 37.12. Judgment on Verdict