Smith v. State

ON REMAND PROM THE COURT OF CRIMINAL APPEALS

BAKER, Justice.

The issue presented on this remand from the Texas Court of Criminal Appeals, 761 S.W.2d 22, is whether the submission of the unconstitutional parole and good time instructions mandated by article 37.07 of the Texas Code of Criminal Procedure contributed to the jury’s assessment of appellant’s punishment. We find beyond a reasonable doubt that the submission of these instructions did not contribute to the appellant’s punishment and affirm the trial court’s judgment.

This is the third time that we have had occasion to consider…