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Patterson v StateMarch 12, 2003No. 1767-02 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. 1767-02 & 1768-02 JIMMY RAY PATTERSON, JR., Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY Per Curiam O P I N I O N Appellant was convicted of two charges of aggravated kidnapping, and his punishment was assessed at confinement for twenty-five years in each case. The Court of Appeals affirmed the convictions. Patterson v. State, 84 S.W.3d 826 (Tex. App. — Houston [1st Dist.] 2002). Appellant seeks discretionary review of the Court of Appeals’ construction of the term “voluntarily” with regard to whether he voluntarily released the victims in a safe place. See V.T.C.A. Penal Code, § 20.04 (d). At the time the Court of Appeals decided this case, it did not have the benefit of our opinion in Brown v. State, __ S.W.3d __ (Tex. Crim. App., No. 2475-01, delivered February 12, 2003), where this Court addressed meaning of “voluntarily” in Section 20.04(d). Accordingly, we grant ground two of Appellant’s petition, vacate the Court of Appeals’ judgment, and remand the cause to that court for reconsideration in light of Brown. DELIVERED: March 12, 2003 PUBLISH This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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