Anderson v. State

I dissent to the majority’s disposition of appellant’s points of error one and two where he complains of the trial court’s refusal to inform the jury that if sentenced to life he was statutorily required to serve 35 years in prison before becoming eligible to be considered for parole. I believe the failure to adequately inform the sentencing jury may be a due process violation and may cause the Texas death penalty statute to be unconstitutional as applied.

Additionally, I add that this Court through actual knowledge is well aware that some Texas trial courts do in fact inform some sentencing…