Woods v. State

OPINION ON REMAND

JACK SMITH, Justice.

A jury found appellant guilty of delivery of cocaine by “constructive transfer,” and assessed punishment at 75 years confinement. In his appeal, appellant asserted that the parole charge given to the jury pursuant to Tex.Code Crim.P. art. 37.07, sec. 4 (Vernon Supp.1987), violated the separation of powers doctrine and is vague, misleading, and inconsistent. Upholding the constitutionality of the statute, this Court overruled the points of error. The Texas Court of Criminal Appeals has vacated the judgment of this Court and remanded the cause so that the…