Hernandez v. State

OPINION

COHEN, Justice.

Appellant pled guilty to aggravated sexual assault, and the jury assessed punishment at 20 years confinement. Appellant contends the trial court erroneously instructed the jury about parole, as was mandated at the time of this trial by Tex.Code Crim.P.Ann. art. 37.07, sec. 4(a).1

The parole charge violates the separation of powers and the due course of law provisions of the Texas Constitution. Rose v. State, 752 S.W.2d 529 (Tex.Crim.App.1988) (op. on reh’g). Appellant did not object to the instruction, but that does not waive the error. Id. at 552-53.

Appellant was the…