Gil v. State

CARROLL, Justice.

Robert Gil appeals from a conviction for aggravated assault. After finding him guilty, the jury assessed punishment at six years imprisonment. We will reverse the judgment of the trial court and remand the cause for a new punishment hearing.

BACKGROUND

This is a jury misconduct case. The sufficiency of the evidence is not challenged here. At the punishment phase of the trial, the judge charged the jury in accordance with the parole law provisions of Tex. Code Cr.P.Ann. art. 37.07, § 4(a) (Supp.1988). After describing the workings of the parole law, the charge stated in part:

[Y]o…