MENDEZ v. COLLINS

No. 91-2054.

947 F.2d 189 (1991)

Jesus MENDEZ, Jr., Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 1991.


Attorney(s) appearing for the Case

Jesus Mendez, Jr., pro se.

Elizabeth Elleson, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, SMITH, and DUHÉ, Circuit Judges.


PER CURIAM:

The sole issue presented in this appeal is whether the trial court's instruction to the jury pertaining to good time credit and parole eligibility infected the sentencing phase of petitioner's trial.

The jury charge at issue instructed the jury that:

Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn time off the sentence imposed through an award of good conduct time. Prison authorities...

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