Johnson v. State

OPINION ON REMAND

BROOKSHIRE, Justice.

The lengthy and burdensome record in the above case is revisited and reviewed. The Court of Criminal Appeals in an unpublished Per Curiam opinion on the Appellant’s Petition for Discretionary Review recited in substance that the Appellant had argued that the trial court fell into error in instructing the jury on the law concerning good time and parole, inasmuch as that charge was predicated upon an unconstitutional statute. Our Court of Appeals rejected this challenge of unconstitutionality of TEX.CODE CRIM.PROC.ANN. art. 37.-07, sec. 4 (Vernon Supp.1989).…