Appellant was convicted by a jury of injury to a child. V.T.C.A. Penal Code § 22.04. The jury assessed punishment at life imprisonment in the Texas Department of Corrections and a $10,000 fine. The Dallas Court of Appeals affirmed appellants conviction in an unpublished opinion. Gilbert v. State, No. 05-85-01380-CR (Tex.App. Dallas delivered December 11, 1986). We initially granted three grounds in appellants petition for discretionary review to determine whether the Court of Appeals erred in holding Art. 37.07, § 4(a), V.A.C.C.P., the parole instruction law, is constitutional. On appellants motion for rehearing, we granted a fourth ground to determine whether the Court of Appeals erred in holding that appellant was not denied notice that a special issue concerning appellants use of a deadly weapon would be submitted to the jury. Art. 42.12 § 3g(a), V.A.C.C.P.
