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ROLLING v. STATE

No. 05-85-01064-Cr.

768 S.W.2d 834 (1989)

Leonard ROLLING, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 17, 1989.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Patricia Poppoff Noble, Dallas, for appellee.

Before McCLUNG, KINKEADE and BURNETT, JJ.

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

McCLUNG, Justice.

On this remand, the sole 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 are unable to determine that the submission of the instructions was harmless beyond a reasonable doubt. We reverse the trial court's judgment and remand the case to the trial...

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