Blackwell v. State

KELTNER, Justice.

The sole question in this appeal is whether Donald Lee Blackwell was harmed by the trial court’s action in instructing the jury on the laws of parole pursuant to TEX.CODE CRIM.PROC.ANN. art. 37.07 (Vernon 1981). After the trial of this case, the Court of Criminal Appeals determined that article 37.07 was unconstitutional because it violates the separation of powers and the due course of law provisions of the Texas Constitution. Rose v. State, 752 S.W.2d 529, 552 (Tex.Crim.App.1987) (opinion on court’s own motion for reh’g) (per curiam).

At the punishment phase of his trial,…