Hupp v. State

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

LAGARDE, Justice.

On this remand, the sole issue to be determined is whether the trial court’s submission of the unconstitutional good time and parole instruction to the jury contributed to the punishment the jury assessed the appellant Robert Arthur Hupp. We hold that the submission of the instruction was harmless beyond a reasonable doubt and affirm the trial court’s judgments.

Hupp was originally convicted in two cases of aggravated sexual assault of a child under fourteen. The cases were tried together before the same jury, who assessed punishment…