Rodriguez v. State

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

DUGGAN, Justice.

The Court of Criminal Appeals has remanded these causes for our consideration of the harm, if any, to appellant by the inclusion of the parole charge, given pursuant to Tex.Code Crim.P.Ann. art. 37.07 1 We are to analyze the harm under Tex.R.App.P. 81(b)(2). See Rose v. State, 752 S.W.2d 529, 552 (Tex.Crim.App.1988) (op. on reh’g). These are companion cases to Villanueva v. State, 769 S.W.2d 678 (Tex.App.—Houston [1st Dist.], 1989, n.p.h.).

After a joint jury trial with two co-defendants, appellant was found guilty of two…