Franklin v. Texas (original by presiding judge keller)Annotate this Case
Appellant Demond Franklin was charged with capital murder, and the State waived the death penalty. Upon conviction, he was sentenced to the mandatory sentence of life without parole. On appeal, Appellant claimed for the first time that the age of a defendant at the time of an offense was an element of the offense that had to be proven by the State. On the basis of this proposition, he argued that his sentence should be life with the possibility of parole. The Texas Court of Criminal Appeals disagreed and affirmed the court of appeals.