In Zwack v. State, 757 S.W.2d 66 (Tex.App.--Houston 14th Dist. 1988, pet. ref'd), the appellant attacked the constitutionality of that portion of former Tex. Code Crim. Proc. article 46.03 which, like article 46C.154, prohibited the trial court, prosecutor, and defense counsel from informing a juror or prospective juror of the consequences to the accused if a verdict of not guilty by reason of insanity is returned. See Zwack, 757 S.W.2d at 69. More specifically, he complained of "the failure of the trial court to answer an inquiry from the jury as to the consequences" of such a verdict. Id. In support of his position, Zwack argued that article 46.03 denied him fundamental fairness and urged the court to adopt the rationale of Lyles v. United States, 254 F.2d 725, 103 U.S. App. D.C. 22 (D.C. Cir. 1957). See Zwack, 757 S.W.2d at 69. In addressing appellant's contentions, the Zwack court first noted that it was unable to "discern any constitutional infirmity in the statute" and that Zwack had "not supported his contention with convincing argument." Id. The court went on to observe that, even before the enactment of the provision at issue, Texas courts have consistently held that the statutes prescribing the disposition of a defendant found not guilty by reason of insanity are "a guideline for the court and not for the jury's consideration." Id. The Zwack court continued, distinguishing the basis for the Lyles decision: "The rule announced by the District of Columbia Circuit Court of Appeals in Lyles was not based upon constitutional principles but upon its rule-making authority." See Zwack, 757 S.W.2d at 69. Finally, the court deferred to the Legislature on this matter of public policy. See id.