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RUSHING v. STATE

No. 1790-01.

85 S.W.3d 283 (2002)

Jonathan Daniel RUSHING, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 11, 2002.

Attorney(s) appearing for the Case

John M. Hurley, Waco, for appellant.

James Wiley, Assist. DA, Waco, Matthew Paul, State's Attorney, Austin, for state.

OPINION

KELLER, P.J., delivered the opinion of the Court, in which PRICE, WOMACK, HERVEY, HOLCOMB, and COCHRAN, JJ. joined.

We granted the State's petition to determine whether the Court of Appeals erred in declaring Texas Code of Criminal Procedure, Article 4.18 unconstitutional as a violation of the Separation of Powers provision of the Texas Constitution. We hold that the statute is constitutional.

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