Wood v. Texas (original by judge richardson)Annotate this Case
Appellant Cynthia Wood was indicted for the attempted capital murder of her son, K.W. Wood attempted to suffocate the child twice while he laid in the hospital, brought in because he allegedly stopped breathing while at home. Wood entered into an open plea of guilty. She was sentenced to life imprisonment, and argued to the Texas Court of Criminal Appeals that her sentence was illegal because the indictment did not charge, and she did not plead to, attempted capital murder. Finding Appellant’s life sentence to be an illegal sentence, the court of appeals reversed Appellant’s conviction for attempted capital murder and ordered the trial court to adjudge Appellant guilty of attempted murder. The case was remanded to the trial court to hold a new sentencing hearing. The State petitioned the Court of Criminal Appeals to review the decision of the court of appeals. The high court held that Appellant’s sentence was not an illegal sentence, and reversed and remanded to the court of appeals to address Appellant’s remaining points of error.