Clark v. State

OPINION

LEVY, Justice.

Appeal is taken from a conviction of the felony offense of burglary of a habitation with intent to commit sexual assault. The jury found appellant guilty and assessed punishment at 75 years confinement.

Appellant brings four points of error challenging the constitutionality of the trial court’s punishment phase instructions and the statute after which the instructions were patterned, Tex.Code Crim.P.Ann. art. 37.07, sec. 4(b) (Vernon Supp.1986).

Section 4(b) provides that during the penalty phase of-⅛ trial in certain felony cases, the court is to instruct the jury as…