Underwood v. State

OPINION

STARR, Justice.

Appellant, Mark Underwood, was convicted of aggravated sexual assault. Trial was to a jury on a not guilty plea. The jury set punishment at seventy years’ confinement. In the only point presented for appellate review, appellant contends that the jury charge on punishment was fundamentally defective because of instructions concerning the law of parole.

Although no objection was made to the charge as given, appellant contends that “egregious harm” occurred and that he was denied a fair and impartial trial under the parole charge actually given, which was as follows:

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