Ex Parte Tuan Van Truong

OPINION

This is a postconviction petition for habe-as corpus relief pursuant to Article 11.07, V.A.C.C.P. The claim we ordered filed and. set is that in the punishment phase the trial court “committed error” in giving the jury an improper instruction.

More particularly, Applicant contends he is entitled to relief from consequences of a sentence imposed in accordance with punishment assessed by a jury unconstitutionally charged on the parole law mandated by Article 37.07, § 4, V.A.C.C.P. See Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1987,1988).

At the outset, however, the Court is confronted with…