Diaz v. State

OPINION

Before BUTTS, BIERY and CARR, JJ. BUTTS, Justice.

The question in this case on remand concerns TEX.CODE CRIM.PROC. ANN. art. 37.07, § 4(a) (Vernon Supp.1989), the parole law jury instruction declared unconstitutional in Rose v. State, 752 S.W.2d 529 (Tex.Crim.App.1988). Since the statute has been determined to be unconstitutional and therefore void ab initio, an objection to the submission of the instruction is not required to consider error on appeal. The Rose decision pronounced the statute unconstitutional in two respects: denial of due process and violation of the separation of…