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BLACKWELL v. STATE

No. 2-86-065-CR.

768 S.W.2d 9 (1989)

Donald Lee BLACKWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

April 6, 1989.

Attorney(s) appearing for the Case

Charlotte A. Harris, Public Defender, and R.D. Rucker, Asst. Public Defender, Wichita Falls, for Donald Lee Blackwell.

Barry L. Macha, Dist. Atty., and Rick. L. Mahler, Asst. Dist. Atty., Wichita Falls, for State.

Before WEAVER, C.J., and JOE SPURLOCK, II and KELTNER, JJ.

KELTNER, Justice.

The sole question in this appeal is whether Donald Lee Blackwell was harmed by the trial court's action in instructing the jury on the laws of parole pursuant to TEX.CODE CRIM.PROC.ANN. art. 37.07 (Vernon 1981). After the trial of this case, the Court of Criminal Appeals determined that article 37.07 was unconstitutional because it violates the separation of powers and the due course of law provisions of the Texas Constitution. Rose v. State,...

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