Gaines v. State

OPINION

BUTTS, Justice.

A jury found appellant guilty of the offense of aggravated sexual assault, TEX. PENAL CODE ANN. § 22.021(a)(5) (Vernon Supp.1986), and assessed punishment at 25 years’ imprisonment.

The sole point of error is that fundamental error occurred when the trial court submitted jury instructions on the law of parole in violation of TEX. CONST, art. II, § 1. Appellant contends the separation of powers doctrine is breached by the application of the statute in the form of jury instructions. See, TEX.CODE GRIM. PROC.ANN. art. 37.07 § 4(a) (Vernon Supp.1986).

Appellant relies on the…