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Stokes v. State

Article 37.07, '4(a) provides that, while jurors may consider the existence of parole law, they are not to consider the manner in which the parole law may be applied to a particular defendant; the defendant suffered no harm because the jury was explicitly told not to discuss how much time he might serve in prison.

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OPINION

Johnny Stokes pled not guilty to a charge of aggravated robbery. A jury convicted him and assessed punishment at seventy-five years’ imprisonment and a fine of $10,000.00. Stokes contends an omission from the jury charge, to which he did not object, was so egregious that it requires reversal.

On August 31, 2000, Stokes was released on parole for a 1987 kidnapping conviction. Within seventy days of his release, he committed the aggravated robbery in this case. In the commission of this offense, Stokes pulled Zama Dee Little from her 2000 Ford Explorer, causing her to fall and fracture her pelvis. Stokes then fled in the Explorer and was arrested later that night while driving the stolen vehicle.

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