IN BATTEN V. STATE, BATTEN WAS CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IMPRISONMENT. THE TEXAS APPELLATE COURT REVERSED AND REMANDED THE CASE ON THE GROUNDS OF PROCEDURAL ERRORS BUT NOTED THAT, IN THE EVENT OF A RETRIAL, TRIAL BY JURY COULD NOT BE WAIVED AND DEATH WOULD BE A APPLICABLE PENALTY. BATTEN DECIDED TO PLEAD GUILTY AND WAS SENTENCED TO 25 YEARS IN PRISON. THE TEXAS COURT RELIED HEAVILY ON THE U.S. SUPREME COURT DECISION IN CHAFFIN V. STYNCHCOMBE. THE CONSTITUTIONAL ISSUES OF DUE PROCESS, DOUBLE JEOPARDY, AND EQUAL PROTECTION RAISED BY THE PETITIONER IN THE CHAFFIN CASE AND THEIR APPLICATION TO THE TEXAS CAPITAL PUNISHMENT PROCEDURE ARE EXAMINED. THE TEXAS COURT IS URGED TO HOLD THAT THE DICTUM IN THE BATTEN FINDING WAS INCORRECT AND THAT A DEFENDANT FOUND GUILTY OF CAPITAL MURDER AND SENTENCED TO LIFE CAN NEVER AGAIN FACE THE DEATH SENTENCE FOR THE CRIME. IT IS ARGUED THAT WHETHER THE COURT BASES ITS RULING ON CONSTITUTIONAL ISSUES OR PUBLIC POLICY IS IMMATERIAL, AND THAT DEFENDANTS IN THE SITUATION OF BATTEN MUST HAVE THE RIGHT TO APPEAL. (LKM)