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SMITH v. STATE

No. 05-86-00645-CR.

764 S.W.2d 31 (1989)

Donald Aaron SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied February 10, 1989.

Attorney(s) appearing for the Case

William A. Bratton, III, Richard A. Anderson, Dallas, for appellant.

Anne B. Wetherholt, Dallas, for appellee.

Before STEWART, BAKER and BURNETT, JJ.

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

BAKER, Justice.

The issue presented on this remand from the Texas Court of Criminal Appeals, 761 S.W.2d 22, is whether the submission of the unconstitutional parole and good time instructions mandated by article 37.07 of the Texas Code of Criminal Procedure contributed to the jury's assessment of appellant's punishment. We find beyond a reasonable doubt that the submission of...

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