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HERNANDEZ v. STATE

No. 01-87-00429-CR.

782 S.W.2d 512 (1989)

Pedro Tamez HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused February 28, 1990.

Attorney(s) appearing for the Case

Stanley Schneider, Houston, for appellant.

J. Harvey Hudson, Asst. Dist. Atty., John B. Holmes, Dist. Atty., Houston, for appellee.

Before WARREN, O'CONNOR and COHEN, JJ.

OPINION

COHEN, Justice.

Appellant pled guilty to aggravated sexual assault, and the jury assessed punishment at 20 years confinement. Appellant contends the trial court erroneously instructed the jury about parole, as was mandated at the time of this trial by Tex.Code Crim.P.Ann. art. 37.07, sec. 4(a).1

The parole charge violates the separation of powers and the due course of law provisions of the Texas Constitution....

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