Carter v. State

OPINION ON REMAND

MEYERS, Justice.

On direct appeal, we affirmed Carter’s conviction for the offense of aggravated sexual assault. Carter v. State, 727 S.W. 2d 108 (Tex.App.—Fort Worth 1987). In that opinion, we overruled Carter’s challenge to the constitutionality of TEX.CODE CRIM.PROC.ANN. art. 37.07 sec. 4 (Vernon Supp.1989) and found no error in the trial court’s charge regarding good time and parole given pursuant to the statute.

The court of criminal appeals has vacated our judgment pursuant to its determination in Rose v. State, 752 S.W.2d 529 (Tex.Crim.App.1987) that section 4 of article…