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HARTLEY v. STATE

Nos. 05-85-01206-CR to 05-85-01209-CR.

765 S.W.2d 883 (1989)

Kenneth Emmanuel HARTLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied March 8, 1989.

Discretionary Review Refused May 10, 1989.

Attorney(s) appearing for the Case

Keith E. Jagmin, Dallas, for appellant.

William Randell Johnson, Dallas, for appellee.

Before McCLUNG, KINKEADE and BURNETT, JJ.

ON REMAND FROM THE COURT OF CRIMINAL APPEALS

BURNETT, Justice.

The Texas Court of Criminal Appeals remanded this case to this Court to determine whether the trial court's submission of the unconstitutional parole law instruction mandated by section 4 of article 37.07 of the Texas Code of Criminal Procedure contributed to the punishment of Kenneth Emmanuel Hartley, appellant, as assessed by the jury. We find beyond a reasonable doubt that the submission of...

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