BROWN v. ESTELLE

PER CURIAM:

For the reasons set forth by the trial court in its opinion, Brown v. Estelle, S.D. Tex. 1978, the trial court's grant of a writ of habeas corpus is affirmed.

It appears that, under Texas law, an error in sentencing proceedings before a jury requires the state Appellate Court to reverse the entire conviction, not merely to remand for resentencing. Tex. Code Crim. Pro. Art. 44.24(b); Bullard v. State, Tex.Cr. App. 1977, 548 S.W.2d 13, 18; Ellison v. State, Tex.Cr.App. 1968, 432 S.W.2d 955, 957. Accordingly, the District Court's judgment is modified in part as follows: The State shall be given the option either of retrying or resentencing the appellee within 120 days, as may be appropriate under Texas law.

AFFIRMED.