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DIAZ v. STATE

No. 04-86-00037-CR.

769 S.W.2d 307 (1989)

Ricardo DIAZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 29, 1989.

Attorney(s) appearing for the Case

Oscar J. Pena, Jr., Pena, Pena, & Pena, Laredo, for appellant.

Anna L. Cavazos, Asst. Crim. Dist. Atty., Laredo, for appellee.

Before BUTTS, BIERY and CARR, JJ.

OPINION

BUTTS, Justice.

The question in this case on remand concerns TEX.CODE CRIM.PROC. ANN. art. 37.07, § 4(a) (Vernon Supp.1989), the parole law jury instruction declared unconstitutional in Rose v. State, 752 S.W.2d 529 (Tex.Crim.App.1988). Since the statute has been determined to be unconstitutional and therefore void ab initio, an objection to the submission...

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