Garrett v. State

OPINION

WILSON, Justice.

The primary issue before this Court is whether a trial court’s instruction on punishment, under Tex.Code CRIm.P.Ann. art. 37.07, § 4(a) (Vernon Supp.1992), violates an appellant’s right to due process, as guaranteed by the fifth and fourteenth amendments of the federal constitution. Anthony Garrett, appellant, was convicted under four separate indictments for aggravated robbery, robbery, and theft. We affirm.

A. THE ARTICLE 37.07 INSTRUCTION

In four points of error, appellant contends that the trial court erred in instructing the jury in cause number 555,853 about the…