Opinion · Txlaw Texas

GRADY v. STATE, 761 S.W.2d 19 (Tex.Cr.App. 1988)

Jimmy Lee GRADY, Appellant, v. STATE of Tex., Appellee., 761 S.W.2d 19 (Court of Criminal Appeals of Texas,En Banc. 1988)

Type
Opinion
Court
Texas
Jurisdiction
Texas
Date
1988-11-09
Topic
general

GRADY v. STATE, 761 S.W.2d 19 (Tex.Cr.App. 1988) 761 S.W.2d 19 Jimmy Lee GRADY, Appellant, v. The STATE of Texas, Appellee. No. 0924-87No. 0925-87Court of Criminal Appeals of Texas,En Banc. November 9, 1988.

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UpLaw has not yet analyzed GRADY v. STATE, 761 S.W.2d 19 (Tex.Cr.App. 1988). The absence of a flag is not a finding that it is good law.

GRADY v. STATE,761 S.W.2d 19(Tex.Cr.App. 1988)
761 S.W.2d 19
Jimmy Lee GRADY, Appellant, v. The STATE of Texas, Appellee.
No. 0924-87
No. 0925-87
Court of Criminal Appeals of Texas,
En Banc.
November 9, 1988.
Appeal from the 194th Judicial District Court, Dallas County; Ed Kinkeade, J.
C. Wayne Huff, Dallas, for appellant.

Henry Wade, Former Dist. Atty. and Jeffrey B. Keck, Asst. Dist. Atty., Dallas, Robert Huttash, State's Atty., Austin, for the State.
Before the court en banc.
OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.
Appeal is taken from a conviction for the offense of aggravated sexual assault. After finding appellant guilty, the jury assessed punishment at life and a fine of $10,000.

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 Article37.07, Sec. 4, V.A.C.C.P.Grady v. State,730 S.W.2d 191(Tex.App. — 5th Dist., 1987).

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

InRose v. State,752 S.W.2d 529(Tex.Crim.App. 1988), this Court determined that Article 37.07, Sec. 4, is unconstitutional. UnderRose, supra,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.