Lett v. State

OPINION ON REMAND

MEYERS, Justice.

On direct appeal, we affirmed Lett’s conviction for the offense of aggravated kidnapping. Lett v. State, 727 S.W.2d 367 (Tex.App.—Fort Worth 1987). In that opinion, we overruled Lett’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.

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 37.07 is unconstitutional. Lett v.…