# Brown v. State

> Texas Court of Appeals, 9th District (Beaumont) · April 28, 1988 · 750 S.W.2d 340

URL: https://www.frixlaw.com/law-library/cases/9772875

## Case

- **Full name:** Garland Lee BROWN, Appellant, v. the STATE of Texas, Appellee
- **Court:** Texas Court of Appeals, 9th District (Beaumont)
- **Decided:** April 28, 1988
- **Citations:** 750 S.W.2d 340; 1988 Tex. App. LEXIS 1373; 1988 WL 57439
- **Precedential status:** Published
- **Opinion:** Concurrence by Burgess
- **Judges:** Brookshire, Burgess
- **Cited by:** 5 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/9772875

## How later opinions describe it (automated extraction)

- holding appellant failed to preserve error with regard to cross-examination of prosecutor in Batson hearing by failing to make an offer of proof

## Opinion text

BURGESS, Justice,
concurring.
I concur in the result with these additional comments on point of error number four. The majority appears unwilling to “let go” of the constitutionality of article 37.-07(4)(a) as evidenced by their continued reference to Boudreaux v. State, 723 S.W.2d 230 (Tex.App.—Beaumont 1986, no pet.) and the comment “While we are aware of the Court of Criminal Appeals’ opinion in Rose, we are also aware that the opinion is not definitely final.” I continue to maintain, as I have from the initial determination in Boudreaux , that the parole instruction is unconstitutional. Because the majority inferentially does not accept this, I disavow their comments in this regard. I concur in the result of point of error number four because I do not find the appellant has shown egregious harm. A fifty-year sentence for an individual with five previous felony convictions is not outside the realm of reasonable punishment based solely upon the evidence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772875. Public record. Not legal advice.