Finis Wilson v. The State of Texas--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-91-037-CR

No. 10-91-038-CR

No. 10-91-039-CR

FINIS WILSON,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 19,786-272

Trial Court # 19,789-272

Trial Court # 19,933-272

OPINION ON REMAND

On original submission we affirmed Finis Wilson's convictions for two counts of aggravated robbery, one count of attempted aggravated robbery, and one count of robbery. // The Court of Criminal Appeals granted Wilson's petitions for discretionary review to decide whether we erred in holding that the trial court did not abuse its discretion in allowing the jurors to submit written questions to the trial court. Subsequently, a majority of the Court of Criminal Appeals in Morrison v. State held that the practice of allowing jurors to ask questions of witnesses is error. // As a result, they vacated the judgment of this court in Wilson and remanded the case to us for reconsideration in light of their opinion in Morrison. //

In Morrison the Court of Criminal Appeals held that "the practice of permitting jurors to become active participants in the solicitation of evidence by questioning witnesses is not subject to a harm analysis." // Consequently, we sustain point of error two in cause no. 19,786-272, point of error three in cause no. 19,789-272, and point of error one in cause no. 19,933-272.

We reverse the judgments and remand the causes for a new trial.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Reversed and remanded

Opinion delivered and filed July 7, 1993

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