# Rose v. State

> Court of Criminal Appeals of Texas · June 15, 1988 · 752 S.W.2d 529

URL: https://www.frixlaw.com/law-library/cases/9778058

## Case

- **Full name:** Vernon Lee ROSE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 15, 1988
- **Citations:** 752 S.W.2d 529; 1988 Tex. Crim. App. LEXIS 117; 1987 WL 1386
- **Precedential status:** Published
- **Opinion:** Concurrence by Onion
- **Judges:** Onion, Teague, McCormick, Clinton, Duncan, Campbell, Davis, White, Miller
- **Cited by:** 510 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Karenev v. State, 2009 Tex. Crim. App. LEXIS 961 (2009).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9778058

## How later opinions describe it (automated extraction)

- holding that Tex. Code Crim.P. Ann. art. 37.07, sec. 4(a) (Vernon Supp.1988) (“the parole statute”), requiring that the trial court instruct the jury on the Texas parole laws, is unconstitutional
- holding that Tex.Code Crim.P. Ann. art. 37.07, sec. 4(a) (Vernon Supp.1988) ("the parole statute"), requiring that the trial court instruct the jury on the Texas parole laws, is unconstitutional
- holding that predecessor statute violated separation of powers and due course of law

## Opinion text

ONION, Presiding Judge,
concurring.
I concur in the result reached, but clearly not in most of the reasoning used in the opinion on the court’s own motion for rehearing. The error here is charge error, not some other kind of error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778058. Public record. Not legal advice.