From Casetext: Smarter Legal Research

Carter v. State

Court of Criminal Appeals of Texas, En Banc
Nov 23, 1988
760 S.W.2d 658 (Tex. Crim. App. 1988)

Opinion

No. 539-87.

November 23, 1988.

Appeal from the 297th Judicial District Court, Tarrant County, Charles Dickens, J.

Steven H. Swander, court appointed on appeal, Fort Worth, for appellant.

Tim Curry, Dist. Atty., C. Chris Marshall and Cindy Singleton, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW


Appeal is taken from a conviction for the offense of aggravated sexual assault. After finding appellant guilty, the jury assessed punishment at sixty years.

On direct appeal, appellant argued the trial court erred in instructing the jury on the law concerning good time and parole, inasmuch as the charge is predicated upon an unconstitutional statute. The Court of Appeals rejected appellant's challenge to Article 37.07, Section 4, V.A.C.C.P. Carter v. State, 727 S.W.2d 108 (Tex.App. — Fort Worth, 1987).

In his petition for discretionary review, appellant urges the Court of Appeals erred in holding Article 37.07, Section 4, supra, is constitutional. We find appellant is correct.

In Rose v. State, 752 S.W.2d 529 (Tex.Cr.App. 1988), this Court determined that Article 37.07, Section 4, is unconstitutional. Under Rose, it is still necessary for the Court of Appeals to conduct a harmless error analysis under the guidelines of Tex.R.App.P. 81(b)(2).

The judgment of the Court of Appeals is vacated and this cause is remanded to that Court for further proceedings consistent with this opinion.


Summaries of

Carter v. State

Court of Criminal Appeals of Texas, En Banc
Nov 23, 1988
760 S.W.2d 658 (Tex. Crim. App. 1988)
Case details for

Carter v. State

Case Details

Full title:Travis CARTER, Jr., Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Nov 23, 1988

Citations

760 S.W.2d 658 (Tex. Crim. App. 1988)

Citing Cases

Carter v. State

The court of criminal appeals has vacated our judgment pursuant to its determination in Rose v. State, 752…