Johnson v. State

I respectfully dissent. Under a TEX.R. APP.P. 81(b)(2) analysis, I am unable to determine, beyond a reasonable doubt, that the use of the parole instruction made no contribution to the punishment. Therefore, I would reverse for a new punishment hearing.

The majority enunciates a three-factor test under Rose v. State, 752 S.W.2d 529, 552 (Tex.Crim.App.1988) (opinion on rehearing), as (1) curative instructions, (2) prior criminal record of the accused, and (3) aggravated and/or heinous facts. In an attempt to comply with this three-factor test, the majority finds there was a strong and clear…