SUPREME COURT OF THE UNITED STATES

No. 92-5653

DORSIE LEE JOHNSON, Jr., PETITIONER v. TEXAS

on writ of certiorari to the court of criminal appeals of texas

[June 24, 1993]

Justice Scalia , concurring.

Today's decision, however, is simply a clarification (and I think a plainly correct one) of this Court's opinions in Franklin v. Lynaugh, 487 U.S. 164 (1988) (plurality opinion), and Boyde v. California, 494 U.S. 370 (1990), which I joined. In fact, the essence of today's holding (to the effect that discretion may constitutionally be channeled) was set forth in my dissent in Penry v. Lynaugh, 492 U.S. 302, 350 (1989) (Scalia, J., concurring in part and dissenting in part). Accordingly, I join the opinion of the Court.