Gabriel v. State

ON MOTION FOR REHEARING

COHEN, Justice.

Our prior opinion of June 23, 1988 is withdrawn, and the following is substituted. Appellant’s motion for rehearing is granted, but the requested relief is denied.

A jury found appellant guilty of aggravated robbery, and assessed his punishment at 15 years and one day confinement.

In his sole point of error, appellant contends that the trial court erred by instructing the jury on the parole charge, pursuant to Tex.Code Crim.P.Ann. art. 37.07 (Vernon Supp.1988). Appellant did not object on this basis at trial.

Article 37.07 is unconstitutional. Rose v. State,…