Johnson v. State

OPINION

BURGESS, Justice.

In 1986, a jury convicted John Pershing Johnson of delivery of a controlled substance, cocaine, in an amount exceeding 400 grams 1 and assessed punishment at twenty years’ confinement in the Texas Department of Corrections and a $20,000 fine. Johnson’s conviction was reversed by the Court of Criminal Appeals for punishment charge error in instructing the jury on the effect of parole; so-called “Rose error”.2 Johnson v. State, 737 S.W.2d 923 (Tex.App.—Beaumont 1987), reversed, in an unpublished opinion, on remand, 774 S.W.2d 276 (Tex.App.—Beaumont 1989), reversed, 797…