¶1OPINION
¶2Appellant was convicted of rape and his punishment was assessed at death. On appeal, this Court affirmed the conviction on March 26, 1969. Quintana v. State, 441 S.W.2d 191. The United States Supreme Court granted appellant’s petition for certi-orari, and on June 28, 1971, ordered that the “Judgment, insofar as it imposes the death sentence, reversed and case remanded to the Court of Criminal Appeals of Texas for further proceedings.” Quintana v. Texas, 403 U.S. 947, 91 S.Ct. 2284, 29 L.Ed.2d 857 (1972).
¶3On November 17, 1971, Honorable Preston Smith, Governor of Texas, acting upon the recommendation of the Board of Pardons and Paroles, granted appellant a commutation of sentence, from death to life imprisonment.
¶4In light of this Court’s opinion in Whan v. State, 485 S.W.2d 275 (1972), we again affirm the judgment of the trial court.
¶5The imposition of the death penalty is no longer possible under the commutation. Thus, the order of the United States Supreme Court is satisfied. Whan v. State, supra.
¶6The judgment is affirmed.
¶7Opinion approved by the Court.
¶8(dissenting).
¶9I dissent for the same reasons set forth in my dissenting opinion in Whan v. State, 485 S.W.2d 275 (Tex.Cr.App.1972).