[Download] "Jefferson Andrew Lykins v. State Texas" by En Banc Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Jefferson Andrew Lykins v. State Texas
- Author : En Banc Court of Criminal Appeals of Texas
- Release Date : January 08, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appellant was convicted by a jury of aggravated assault. After finding two enhancement allegations to be true, the jury sentenced appellant to 99 years confinement in the Texas Department of Corrections. In an unpublished opinion, the Fourteenth Court of Appeals affirmed appellants conviction, holding: (1) that statements made by appellant to prison officials, and introduced to impeach appellants testimony, were voluntarily made and, thus, properly admitted; and (2) that giving the jury the statutory parole instruction was not error because Art. 37.07 § 4 V.A.C.C.P. is constitutional. Lykins v. State, (Tex.App.--Houston [14th] No. C14-85-00966-CR delivered July 23, 1989) . We granted appellants petition for discretionary review in order to determine: (1) whether the Court of Appeals erred in holding that admission of appellants statements for impeachment purposes was consistent with our state and federal constitutions and Art. 38.22 V.A.C.C.P; and (2) whether the Court of Appeals erred in holding that Art. 37.07 § 4 V.A.C.C.P. was constitutional. We hold that the Court of Appeals erred in holding that appellants statements were admissible and will not reach the question concerning the parole law instruction.