Early v. State

OPINION

COHEN, Justice.

The Court of Criminal Appeals vacated our judgment and remanded this case for reconsideration of appellant’s second point of error in light of its holding in Rose v. State, 752 S.W.2d 529, 552 (Tex.Crim.App.1988) (op. on reh’g). In his second point of error, appellant argues that the trial court committed fundamental error by instructing the jury on parole law, pursuant to Tex.Code Crim.P.Ann. art. 37.07, sec. 4(c) 1 . Appellant did not object to the parole charge.

The jury convicted appellant of attempted murder with a firearm, and assessed punishment at six years…