Marks v. State
Marks v. State
Opinion of the Court
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
Appellant was convicted by a jury of the felony offense of possession of a controlled substance. Article 4476-15, Section 4.04, V.A.C.S.
In our decision in Oakley v. State, delivered this day, we determined that Article 37.07, V.A.C.C.P., was properly re-enacted by the Legislature pursuant to the authority granted it in Article IV, Section 11(a), of the Texas Constitution, as amended in 1989. Oakley v. State, 830 S.W.2d 107 (Tex.Cr.App. 1992). Furthermore, we determined that the amendment in Article IV, Section 11(a), does not violate the due course of law provisions in Article I, Sections 13 and 19. Appellant’s case commenced on January 22, 1990, after the effective date of the constitutional amendment and its attendant legislation. Therefore, the Court of Appeals properly found that the trial court did not err in appellant’s case by giving the jury instructions regarding the parole law and good conduct time.
Accordingly, the judgment of the Court of Appeals is affirmed.
. The Texas Controlled Substance Act has been repealed and the Legislature has adopted a non-
Concurring Opinion
concurring.
For the reasons stated this date in Oakley v. State, 830 S.W.2d 107, 112 (Tex.Cr. App. 1992) (Baird, J., concurring), I concur.
Reference
- Full Case Name
- Eric Norman MARKS, Appellant, v. the STATE of Texas, Appellee
- Cited By
- 11 cases
- Status
- Published