Cross v. State
In Cross v. State, No. 09-11-00406-CR, 2012 WL 6643832 (Tex. App. Beaumont Dec. 19, 2012, pet. ref'd) (mem. op., not designated for publication), a jury convicted the defendant of continuous sexual abuse of a child.
On appeal, the appellant complained that the trial court erred when it denied his request to include an instruction in the jury charge given in the punishment phase of the trial advising the jury that he would not be eligible for parole.
The court of appeals concluded the trial court did not err by refusing the defendant's requested instruction concerning his ineligibility for parole.
In so doing, the court noted that "the Court of Criminal Appeals has expressed its reluctance to deviate from statutory instructions that are prescribed by the Legislature" and has indicated that, generally, special nonstatutory instructions have no place in the charge.