ROSE v. STATE

No. 193-87.

752 S.W.2d 529 (1987)

Vernon Lee ROSE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Opinion on Rehearing June 15, 1988.


Attorney(s) appearing for the Case

John L. Fitzgerald, Kerry P. Fitzgerald, Dallas, for appellant.

Henry Wade, Former Dist. Atty. and John Vance, Dist. Atty. and John D. Nation, Randy Manasco, Patricia Poppoff Noble, Jeffrey B. Keck and Michael A. Klein, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In this cause we decide whether an instruction on the law of parole in the charge of the court to the jury given pursuant to the mandate in Article 37.07, § 4(a), V.A.C. C.P., is constitutional. The Dallas Court of Appeals sitting En Banc held the instruction is not violative of the separation of powers doctrine of Article II, § 1 in the Texas Bill of Rights or the Due Process...

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