# Brown v. State

> Court of Criminal Appeals of Texas · November 9, 1988 · 761 S.W.2d 4

URL: https://www.frixlaw.com/law-library/cases/1511922

## Case

- **Full name:** Ronny Joe BROWN, Jr., Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 9, 1988
- **Citations:** 761 S.W.2d 4; 1988 Tex. Crim. App. LEXIS 218; 1988 WL 118103
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1511922

## Opinion text

*5
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.
Appeal is taken from a conviction for the offense of injury to a child. After finding appellant guilty, the jury assessed punishment at sixty-five years confinement in the Texas Department of Corrections.
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 Art. 37.07, Sec. 4, V.A.C.C.P.,
Brown v. State,
725 S.W.2d 801 (Tex.App.—Austin 1987).
In his petition for discretionary review, appellant urges the Court of Appeals erred in holding Art. 37.07, Sec. 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 Art. 37.07, Sec. 4, is unconstitutional. Under
Rose,
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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1511922. Public record. Not legal advice.