PAYNE v. STATE

No. 05-85-01244-CR.

766 S.W.2d 585 (1989)

Gary Wayne PAYNE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Granted June 7, 1989.


Attorney(s) appearing for the Case

John H. Hagler, Dallas, for appellant.

Mary Jo Kain, Pamela Sullivan Berdanier, Dallas, for appellee.

Before ENOCH, C.J., and McCLUNG and BAKER, JJ.


BAKER, Justice.

On this remand, the sole remaining issue to be determined is whether the trial court's submission of the unconstitutional good time and parole instructions to the jury contributed to the punishment the jury assessed the appellant. We hold that the submission of the instructions was harmless beyond a reasonable doubt. We affirm the trial court's judgment.

Appellant was originally convicted of murder and assessed a life sentence. On

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