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HENRY v. STATE

No. 01-86-0150-CR.

728 S.W.2d 894 (1987)

Derrick Lynn HENRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

April 9, 1987.

Attorney(s) appearing for the Case

Stanley C. Kirk, Houston, for appellant.

John B. Holmes, Jr. Harris County Dist. Atty., Kathlyn Giannaula, Chuck Noll, Harris County Asst. Dist. Attys., Houston, for appellee.

Before EVANS, C.J., and SAM BASS and LEVY, JJ.

OPINION

SAM BASS, Justice.

Appellant was convicted of aggravated robbery. The jury assessed punishment at confinement for 10 years and one day.

In five points of error, the appellant challenges the court's jury instruction on the parole law and contends that the statute authorizing such an instruction is unconstitutional. Tex.Code Crim.P. art 37.07, sec. 4 (Vernon Supp.1987). He asserts that the instruction contravenes the separation of powers doctrine...

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