Diaz v. State
This text of 761 S.W.2d 1 (Diaz v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
Appeal is taken from a conviction for the offense of murder. After finding appellant guilty, the jury assessed punishment at 40 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. Diaz v. State, *2 722 S.W.2d 482 (Tex.App.-San Antonio 1986).
In his petition for discretionary review, appellant urges the Court of Appeals erred in holding Article 37.07, § 4, supra, is constitutional. We find appellant is correct.
In Rose v. State, 752 S.W.2d 529 (Tex.Cr.App.1988), this Court determined that Article 37.07, § 4, is unconstitutional. Under Rose, supra, if a harmless error analysis is necessary, such analysis should be conducted under the guidelines of Tex.R.App.P. 81(b)(2).
The judgment of the Court of Appeals is vacated and this cause is remanded to that court for further proceedings consistent with this opinion.
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Cite This Page — Counsel Stack
761 S.W.2d 1, 1988 Tex. Crim. App. LEXIS 197, 1988 WL 118091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-state-texcrimapp-1988.