Miller v. State

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

KINKEADE, Justice.

Anthony Joseph Miller was convicted of possession of a controlled substance. Punishment, enhanced in the indictment by two previous convictions, was assessed by the jury at forty years’ confinement. On appeal to this Court, Miller contended that the trial court erred in submitting good time and parole instructions to the jury on the grounds that the charge was predicated upon an unconstitutional statute. We rejected this challenge to the constitutionality *492of article 37.07, section 4 of the Texas Code of Criminal Procedure. See…