Dallas Inmate Alleges Jury Unknowingly Handed Down Life Without Parole

DALLAS, Texas (TXAN 24) - A Dallas County inmate has filed a legal challenge alleging that the court and prosecutors failed to inform his jury that a conviction for what he terms "Super Aggravated Sexual Assault of a Child" would result in a mandatory sentence of Life Without Parole (LWOP).

The claim centers on the specific application of Texas Penal Code §22.021, which governs Aggravated Sexual Assault. While the offense is generally a first-degree felony with parole eligibility (5 to 99 years or Life), the inmate's indictment included aggravating factors (threats of death or serious injury) that triggered a little-known provision, Subsection (f).

• Under Texas Government Code §508.145(a), any sentence for an offense punishable under §22.021(f) is automatically ineligible for parole.

The inmate asserts this consequence was obscured from the twelve jurors who convicted him.

He cites a note sent to Judge Tammy Kemp during deliberations, in which the jury explicitly asked: "If sentenced to Life, how many years must be served before eligible for parole?" Judge Kemp's instruction to the jury was to continue deliberating based on the law and evidence already provided.

• The inmate argues that concealing the LWOP consequence violates his constitutional rights, as the jury imposed a life sentence believing parole was possible.

• His challenge is also rooted in appellate procedure, claiming his counsel miscategorized the provision as a mere punishment enhancement rather than an element of the offense, a distinction critical to overturning the conviction.

The outcome of his writ could mandate greater sentencing transparency in future Texas trials.