Gaines v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appeal is taken from a conviction for the offense of aggravated sexual assault. After finding appellant guilty, the jury assessed punishment at 25 years’ imprisonment.

On direct appeal, appellant argued the trial court erred in instructing the jury on the law concerning good time and parole, inasmuch as the charge is predicated upon an unconstitutional statute. The Court of Appeals rejected appellant’s challenge to Article 37.07, § 4, V.A.C.C.P. Gaines v. State, 723 S.W.2d 302 (Tex.App.—San Antonio 1987).

In his petition for discretionary…