Flores v. State

OPINION

CHAPA, Justice.

A jury found appellant guilty of the offense of aggravated robbery with a deadly weapon, and punishment was assessed at imprisonment for thirty years.

Appellant's first point of error is that fundamental error occurred when the trial court submitted jury instructions on the law of parole in violation of TEX. CONST, art. II, § 1. Appellant contends the separation of powers doctrine is breached by the application of the statute regarding jury instructions. TEX.CODE CRIM. PROC.ANN. art 37.07, § 4(a) (Vernon Supp.1987) (hereafter art. 37.07).

This identical point was presented…