Olivarez v. State

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment of conviction in an aggravated robbery with a deadly weapon (habitual) case. We reverse.

A jury found appellant guilty of aggravated robbery with a deadly weapon as a habitual offender and sentenced him to 45 years’ confinement.

Appellant complains of the trial court’s charge to the jury on the laws of parole pursuant to TEX.CODE CRIM. PROC. ANN. art. 37.07, § 4(a) (Vernon Supp.1988). Appellant correctly argues that art. 37.07 is a violation of the separation of powers doctrine of TEX. CONST, art. II, § 1 and is unconstitutional. See…