OPINION
MEYERS, Judge.Appellant was indicted for the offense of murder committed in the course of kidnapping and aggravated sexual assault. *480Tex.Penal Code Ann. § 19.03(a)(2). The trial court authorized the jury to convict appellant under either theory, and submitted alternative verdict forms. On January 13, 1987, the jury found appellant guilty of murder in the course of aggravated sexual assault. At the punishment phase of trial the jury gave affirmative answers to special issues enumerated in Tex.Code Crim. Proc.Ann. art. 37.071 § (b), and appellant’s punishment was assessed accordingly at death. Id,., § (e). Appeal is automatic to this Court. Id., § (h).
I
In his first point of error appellant contends the evidence is insufficient to establish the State’s theory of lack of consent to the sexual intercourse between appellant and the victim, Joyce Munguia. The State proceeded upon a theory of lack of consent, and the trial court defined the issue in the jury charge, exclusively in terms found in the sexual assault statute, Tex.Penal Code Ann. § 22.011(b)(3): “[a] sexual assault is without consent of the other person if the other person has not consented and the actor knows the other person is physically unable to resist.” 1 Appellant alleges the evidence failed to show Munguia was “physically unable to resist” at the time of the purported sexual assault.
The record shows that in the early evening of Friday, June 13, 1986, at about 6:30 p.m., Munguia was on her way to a bus stop when she was beckoned over to join a group of young men gathered around the tailgate of a pickup truck parked in the driveway of the Elizondo residence, at 2808 Gonzales, in Austin. Among those in the group were Ricky Elizondo, Pete Ramirez, Danny Hanson and appellant. Over the course of the next three hours Munguia drank anywhere from three to six beers, took “a big drink” of Everclear from a shared bottle, and ingested an undisclosed quantity of cocaine.
Both Hanson and Elizondo testified for the State. Their accounts are somewhat different, and we will summarize them separately. According to Hanson, Munguia was upset because, as she reported, her boyfriend was seeing his ex-wife again behind her back. Hanson consoled her in the backyard. Elizondo came back and asked Munguia if she would like to wash her face inside, and they went in the house. A short time later, appellant and Ramirez followed them inside, with Hanson close behind. There they found the bathroom door locked. Back outside, appellant and Hanson could see through the bathroom window that Elizondo “was kissing” Munguia. Elizondo’s brother got a coat hanger, and appellant opened the door to the bathroom. Hanson related that “when we opened the door, [Munguia] was on her knees in front of [Elizondo] and [Elizondo] was zipping his pants up.” Hanson thought that Elizondo and Munguia had been engaging in “probably oral sex[,]” but speculated that “maybe [Elizondo] tried to get her to do something but she — maybe she didn’t want to.”
*481All the men then went back outside, followed shortly by Munguia, who asked Hanson to walk her home. Hanson could tell Munguia was drunk “[b]ecause she was crying and her words were slurred, couldn’t understand her that good, and she was kind of walking like she couldn’t walk too good.” Hanson testified:
A ... we started walking on Gonzales, headed east.
Q Okay, and were you by yourself, just the two of you?
A Yes.
Q Did she have trouble walking at that time?
A Yes.
Q So where were — what did ya’ll do?
A We were walking, and then she — she told me that [Elizondo] wouldn’t leave her alone when they were in the house, and then we were walking along on the street and she was crying.
And then [appellant] caught up to us and told me he was going to help me walk her home, and I told him just to go back, that I could do it, and then he told me that I just wanted her all for myself, and I told him, no, that I was just going to walk her home because she was drunk.
Q And then what happened?
A And then she almost passed out. It seemed like she was going to fall down and [appellant] picked her up, and I kept telling him to put her down, to let me walk her home, and he took her under the bridge.
Q Now, you say that she almost passed out. How could you tell?
A Because she — it was like she was going to fall down and [appellant] caught her.
Q And how did he pick her up?
A He put his legs under her — I mean his arms under her legs and picked her up.
Q Did you help him do this?
A No.
Q Now, where were you on Gonzales Street?
A We were about three or four houses down from the Elizondo’s house.
Q And where did you go? Or where did he take her?
A Under the bridge, into some wooded area.
Q Was it dark under there?
A Yes.
Appellant stood Munguia up and began to remove her shorts and panties. Hanson asked appellant to “let her go, to let me take her home, and that’s when he said that he was going to kick my ass or he was going to hit me or something.” At about this moment Elizondo and Ramirez arrived. Munguia was “crying, she was asking me to help her, to take her home.” Appellant laid her down on her back in the grass and began to have sex with her. Munguia “was telling him to stop, to leave her alone. She was — she kept yelling my name to help her, to get her out of there.” Hanson watched as, after appellant, first Ramirez and then Elizondo had sex with Munguia, and all the while “she kept on calling me to help her[.]”
Q And then what happened?
A And then she yelled out that she was going to go straight to the police when they were done.
Q And what — as best you can remember what was it that she said?
A She said — she said, I’m going to go straight to the police when ya’ll get through.
Q And what condition was she in at that time?
A She was still a little drunk. When they were raping her, she couldn’t fight them off. It was like she couldn’t even move.
Q Was she still crying?
A Yes.
Q Did she ever stop crying?
A No.
Q Did she ever stop calling you, your name, and asking you for help?
A No.
Q So what happened then after she said she was going to call the police?
A Then I noticed [appellant] and [Eli-zondo] were — stood on one side, and I *482remember hearing [appellant] say, We’re going to have to get rid of her.
Q And then what happened?
A And then [Ramirez] ran off to his truck and [appellant] ran off to [Elizon-do’s] house.
Still on the ground, Munguia asked Hanson to help her find her clothes. Hanson picked them up and began to hand them to her, but Elizondo “grabbed them out of my hand and threw them away.” He then looked at Hanson and told him, “You too, Danny.” At this, Hanson fled to call the police.
On cross-examination, defense counsel questioned Hanson about the moment at which appellant had lifted Munguia and carried her under the bridge, and the following exchange occurred:
Q It’s not like she was passing out at the time. You might say she would be unstable on her feet, but she was able to stand there.
A Well, she was saying — she was telling me to take her home.
Q Okay.
A And if she really wanted to go, it looks like she would have got away from him, and I think if he would have let her go, she would have fell.
Q The fact of the matter is that she didn’t try to pull away or really offer any resistance at all; is that true?
A Right. She couldn’t. I think she was too drunk to.
Q Okay, we’ll talk about that in a minute. I want to get this straight, that she never, I don’t know, fought back or anything like that.
She pretty much just allowed [appellant] to do what he wanted and what you’re saying is it’s because she was too drunk to do anything else. Is that what you’re saying?
A Right, but she kept saying for him to stop.
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Q And likewise, when he got on top of her, she didn’t offer any resistance to him like that or to [Elizondo] or to [Ramirez] either.
You felt she was too intoxicated to, I understand, but the fact is that she didn’t offer any kind of resistance at all; is that true.
A Right.
Shortly thereafter, the following colloquy took place:
Q Now, you’re saying the reason that [Munguia] couldn’t put up any resistance at all was because she was intoxicated. Is that what it was?
A Yes.
Q Now, honestly, if she had wanted to fight some, it’s not like she was passing out the entire time or something like that. If she had wanted to struggle or wanted to resist some, she could have struggled; isn’t that true?
A I guess so.
Q Okay. I mean, everybody knows — I guess what you’re saying is — what you’re saying is that she was so drunk that it would have been easy to overcome her resistance.
Is that what you’re saying—
A Yes.
Q —is that she was so drunk — she could have struggled some if she would have wanted to, but because she was so drunk, anyone could have managed to . overcome that resistance. Is that what you’re really saying?
A Yes.
Q Okay, so it’s not that she wasn’t capable — not like it was physically impossible to resist, it’s just that she was real drunk and she didn’t resist; is that true? A Yes.
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Q ... It’s just that under all the circumstances, she didn’t resist at all, even though she may have been able to; is that true?
A Right.
* ⅜ 4c sje * *
Q ... [W]as she still on the ground when you left then?
A Yes.
*483Q Okay, so you don’t know if she was able to stand back up at that point or not?
A No, I don’t.
Q Okay. Is there any reason why you would think that she was too drunk to stand back up?
A No.
Elizondo’s testimony coincided with Hanson’s in general outline, with differences in detail. He testified Munguia was “kind of drunk” when he escorted her to the bathroom, and that after she used the bathroom she “just laid down” on the floor and they had consensual sex. When he heard someone at the door, Elizondo “just picked up my pants” and “opened the door.” He could not remember “if [Munguia] picked up her pants or not or if they helped her.” Everyone went outside, and Hanson and Ramirez told Elizondo that they were going to walk Munguia home. Munguia was “staggering” and “[t]hey were holding her up.” After Elizondo told appellant he had had sex with Munguia, appellant began to follow Hanson and Ramirez, who were leading Munguia under the bridge. Elizon-do eventually followed too.
When Elizondo arrived, Ramirez was having sex with Munguia. Appellant then had sex with her, followed by Elizondo.
Q What condition was she in at this time?
A She wasn’t saying nothing.
Q What did she look like?
A She was awake. She wasn’t fighting or nothing.
Q Was she drunk?
A Yes, ma’am.
On cross-examination Elizondo testified:
Q Did you think that she was so drunk that if she had wanted to, that she wouldn’t have been able to have — for instance, to have hit [appellant] or [Ramirez]? Would she have been able to swing her arm and hit him if she would have wanted to?
A Yeah.
Q She would have been able to have scratched him if she would have wanted to?
A Yes.
Q She could have put her legs together and tried to hold them together if she’d wanted to?
A Yes.
Q She could have tried to roll over, or something, to try to squirm away if she'd wanted to?
A Yes.
Q So she wasn’t so drunk that she couldn’t do any of those things. It’s just that she didn’t; is that true?
A Yes, sir.
Elizondo then testified that Munguia began to ask for her clothes, and Elizondo desisted. When Munguia threatened to tell the police, appellant told Elizondo he was going to have to kill both her and Hanson. He instructed Elizondo to detain them while he left to find a gun. Appellant returned shortly with a belt made out of a motorcycle chain. By this time Munguia had stood up and was looking for her clothes. Appellant struck her once and she fell. Elizondo began to run, and when he turned around again he saw appellant hit Munguia three more times with the “tail” of the belt as she lay on the ground. Munguia died as a result of this severe beating.
The medical examiner testified that at the time of her death Munguia had a blood alcohol level of .20. He explained that “alcohol is a central nervous, system depressant, and it affects everybody, but it may affect them in a different degree, depending on their tolerance.” He agreed that some individuals at that level of intoxication would manifest “a loss of emotional control and/or have trouble walking and ... have slurred speech[.]” Some at that level would be unconscious. The medical examiner further testified that cocaine “adds” to or “potentiates the alcohol,” although he agreed as “a general statement” that “it might take a person who was drunk or under the influence of alcohol and might at least temporarily perk them up or wake them up a little bit more than they might be had they not snorted the cocaine[.]” He also identified a wound on Munguia’s right hand as a defensive wound, indicating she “had the physical *484ability to try to protect herself from the blows as they were coming in[.]”
A toxicologist testified that cocaine was detected in Munguia’s nasal cavity. Although cocaine was not found in her blood, the toxicologist explained that “[t]he level of cocaine one finds in the blood, let’s say in the occasional user, is below the detection limits of the techniques we use.” In an individual with a blood alcohol level of .20 one would expect the “ability to comprehend certain things might be affected,” and he would have “a staggering gait, possibly drowsy, might experience some dizziness.” “Someone who is not accustomed to drinking on a regular basis,” he continued, “I think they could very well pass out at that level of .20.” Munguia’s mother later testified she had lived with Munguia her whole life, and had never seen her intoxicated. Nor had she seen Munguia drink liquor or ingest drugs.
To be sufficient the evidence must show not only that Munguia did not consent, which is to say she did not “assent in fact, whether express or apparent.” Tex.Penal Code Ann. § 1.07(a)(9). As the jury was charged here, the evidence also had to show beyond a reasonable doubt that appellant knew she was “physically unable to resist.” Appellant points to the cross-examination testimony of both Hanson and Elizondo to the effect that though Munguia did not actually resist sexual intercourse with appellant, each believed resistance was not impossible, and that she could have resisted had she wanted to. He asserts this evidence is uncontested, and thus the State failed to show beyond a reasonable doubt that appellant knew Munguia was physically unable to resist. We also note the medical examiner’s testimony that Munguia apparently did resist the subsequent beating which caused her death. Nevertheless, we do not agree that the opinions of Hanson and Elizondo that Munguia was physically capable of resisting are dis-positive of the question.
The concept of “resistance” has had a long history in the law of forcible rape in Texas. Under former penal provisions the amount of “force” necessary to render non-consensual intercourse a rape was dependent upon the extent of resistance to be expected from the prosecutrix under the circumstances; such force “as might reasonably be supposed sufficient to overcome resistance, taking into consideration the relative strength of the parties and other circumstances of the case.” Texas Penal Code Ann. art. 1184 (1925). Thus, the requisite force was measured on a sliding scale, depending upon the nature and amount of resistance reasonably to be expected in the particular circumstances of a given ease. See e.g., Brown v. State, 576 S.W.2d 820 (Tex.Crim.App.1978); Lewis v. State, 154 Tex.Crim. 329, 226 S.W.2d 861 (1950) (Opinion on appellant’s motion for rehearing); Bundren v. State, 152 Tex.Crim. 45, 211 S.W.2d 197 (1948). Not surprisingly in the premises, sufficiency questions in forcible rape cases often focused more on the resistance to be expected than the amount of force actually used. Compare Killingsworth v. State, 154 Tex.Crim. 223, 226 S.W.2d 456 (1950), on retrial, Killingsworth v. State, 155 Tex.Crim. 511, 236 S.W.2d 794 (1951).
Under the 1974 Penal Code the connection between force and resistance was carried over into Tex.Penal Code Ann. § 21.02(b)(1) & (2), which defined lack of consent in terms of such compulsion, whether by force or threat, as would, respectively, “overcome[ ] such earnest resistance as might reasonably be expected under the circumstances[,]” and “prevent resistance by a woman of ordinary resolution[.]”2 See Acts 1973, 63rd Leg., p. 916, ch. 399, § 1, eff. Jan, 1, 1974. But for the first time in express statutory form, § 21.-02(b)(3) defined lack of consent also in terms of a physical inability to resist. See Committee Comment following § 21.02, Texas Penal Code, A Proposed Revision, State Bar Committee on Revision of the *485Penal Code (Final Draft 1970), at 158.3 This constitutes a legislative recognition that on the sliding scale, where no resistance is reasonably to be expected under the circumstances, no compulsion is necessary to translate sexual intercourse without express or apparent assent in fact into rape.
In 1983, § 21.02, supra, was recodi-fied as Tex.Penal Code Ann. § 22.011. See Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept 1, 1983. At this time the notion that the amount of compulsion necessary to constitute sexual assault should be measured by the degree of resistance to be expected under the circumstances was dropped from the statutory scheme. See § 22.011(b)(1) & (2), supra. Thus, “[b]y merely stating that, if the actor’s use of physical force or violence compels the victim to submit, the ‘without consent’ standard is satisfied, the legislature has made it easier for the State to prove lack of consent.” Bannach v. State, 704 S.W.2d 331, at 333 (Tex.App.—Corpus Christi 1986). Particularly in view of this legislative development, we are not inclined to be strict in construing the meaning of “physically unable to resist” in § 22.011(b)(3), supra. See Tex.Penal Code Ann. § 1.05(b); Tex.Gov’t. Code Ann. § 311.023(1), (4) & (5). We hold that where assent in fact has not been given, and the actor knows that the victim’s physical impairment is such that resistance is not reasonably to be expected, sexual intercourse is “without consent” under the sexual assault statute.
There was evidence Munguia was not a frequent drinker, and that her blood alcohol level was such that an inexperienced drinker might well have been close to unconscious. Based upon the testimony of the medical examiner and toxicologist, the jury would have been justified in believing the cocaine she ingested enhanced the impairing effect of the alcohol even as it simultaneously prevented her from passing out altogether. Elizondo testified Munguia could not walk without support when she left the house. According to Hanson’s testimony, she nearly passed out, and had to be bodily carried under the bridge. Appellant had to hold her up as he undressed her. Hanson himself opined, unresponsively, that Munguia was “too drunk to” offer any resistance at this time. Although he later conceded that by “resistance” he meant such resistance as would not have been “easy to overcome,” the jury could have found that because of the effects of her intoxication, Munguia could not reasonably have been expected to resist her assailants, and that appellant knew and took advantage of this fact.
Moreover, that appellant resolved to kill Munguia the moment she threatened to alert the police could reasonably be construed as demonstrating a consciousness of guilt on his part. He knew she had not assented, expressly or otherwise. Indeed, there is testimony that she told him repeatedly to stop; that she was crying and asking for help. There is nothing to suggest her pleas were feigned or insincere. Under these circumstances the jury could rationally have inferred that had Munguia been physically able to resist, she would have. That appellant perceived an immediate need to “get rid of” her is evidence he believed this to be the case.
In short, a rational jury could have discounted the opinions of Hanson and Elizon-do as inconsistent with all the other evidence, and concluded beyond a reasonable doubt that appellant knew Munguia’s physical impairment was such that resistance was not reasonably to be expected. The evidence was not lacking on this account. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). We overrule appellant’s first point of error.
*486II.
In his second point of error, appellant effectively raises a Penry claim.4 Appellant contends the trial court erred in overruling his two requested charges on mitigating evidence at the punishment phase of the trial, thereby denying him due process of law.5 The crucial question when reviewing the constitutionality of our sentencing scheme in reference to Penry, is whether the defendant’s evidence can be placed before the sentencer, and the sentencer has a reliable means of giving mitigating effect to that evidence. Graham v. Collins, — U.S. -, -, 113 S.Ct. 892, 901, 122 L.Ed.2d 260 (1993) (“[The Supreme Court does] not read Penry as effecting a sea change in this Court’s view of the constitutionality of the former Texas death penalty statute; it does not broadly suggest the invalidity of the special issues framework.”) In Penry the evidence presented was of mental retardation and childhood abuse. And “[although Penry’s evidence of mental impairment and childhood abuse indeed had relevance to the “future dangerousness” inquiry, its relevance was aggravating only.” Graham, — U.S. at -, 113 S.Ct. at 901. That is, our special issues did not allow a jury to give any mitigating effect to these factors, thereby preventing Texas jurors to consider whether the presence of these factors in any individual would lessen the moral blameworthiness of an individual.
Appellant presented the following mitigating evidence during the punishment phase of the trial:
1. Evidence that appellant dropped out of school in the eighth grade;
2. Evidence that appellant was raised by a single parent and grew up in a housing project;
3. Evidence of appellant’s good behavior in jail; and
4. Evidence of appellant’s religious conversion.
We will review each of these contentions.6
This Court has previously held that appellant’s religious conversion in prison and his good behavior in jail are types of “mitigating” evidence which can be fully considered within the second special issue con*487cerning future dangerousness. Tex.Code Crim.Proc.Ann. art. 37.071(b); Mooney v. State, 817 S.W.2d 693, 706 (Tex.Crim.App.1991); Felder v. State, 848 S.W.2d 85 (Tex.Crim.App.1992); See Graham, — U.S. at -, 113 S.Ct. at 901-02. Had the jurors believed appellant’s religious conversion was complete, and that in fact appellant had changed his life or that appellant’s behavior in jail was so exemplary that it was a sufficient indica of whether he represented a future threat to society, the jury could have voted “no” to the second special issue on future dangerousness. Tex.Code Crim.Proc.Ann. art. 37.071(b). The jury was constitutionally permitted to consider any mitigating nature of this type of evidence within the special issue framework.
Appellant presents further evidence of his low education and single parent upbringing. During the punishment phase of the trial, appellant paints a picture of a boy growing up in a single family household in the projects—a boy who dropped out of school in the eighth grade. But despite all these setbacks, he received his G.E.D., got a job in the construction field and became a husband and a father. This evidence is particularly indicative of whether appellant represents a future threat to society. However, this evidence, when presented to a rational jury, neither tends to ameliorate fault, nor make this individual less death eligible than any member of our society under some notion of a “reasoned moral response.” See, e.g., Lackey v. State, 819 S.W.2d 111, 134 (Tex.Crim.App.1991) (On motion for rehearing); Ex Parte Ellis 810 S.W.2d 208, 211-212 (Tex.Crim.App.1991).
Because appellant’s mitigating evidence can be fully considered within the special issues presented to the jury, the trial court did not err in denying appellant’s requested charge on mitigating evidence. Accordingly, appellant’s second point of error is overruled.
III.
In point of error three, appellant again complains the trial court erred in overruling his charge on mitigating evidence at punishment. Unlike the second point of error, however, appellant complains solely of State constitutional violations, specifically a violation of the State “due course of law provision.” Tex. Const. Art. 1 § 19. Therefore, we must independently examine the scope of our “due course of law provision.”
Both parties before this Court concede we are at liberty to interpret our State constitution in a manner wholly inconsistent with the U.S. Constitution. In Texas, a defendant is guaranteed the maximum constitutional protections, whether their source is derived from the State or Federal constitutions. At times our constitution may provide more protections or less protections. However, regardless of which provides greater protection, each must be developed independently. Heitman v. State, 815 S.W.2d 681 (Tex.Crim.App.1991); see, Long v. State, 742 S.W.2d 302 (Tex.Crim.App.1987), cert. denied, 485 U.S. 993, 108 S.Ct. 1301, 99 L.Ed.2d 511 (1988), overruled in part, Briggs v. State, 789 S.W.2d 918 (Tex.Crim.App.1990).
Appellant contends that “mitigation of death” is analogous to what he considers the constitutional defenses of alibi, mistaken identity, and sudden passion, and that the jury must be instructed on these defenses. See Arney v. State, 580 S.W.2d 836 (Tex.Crim.App.1979) (panel opinion); Wilson v. State, 581 S.W.2d 661 (Tex.Crim.App.1979) (on rehearing) (en banc); Cobarrubio v. State, 675 S.W.2d 749 (Tex.Crim.App.1983), overruled in part, Lawrence v. State, 700 S.W.2d 208 (Tex.Crim.App.1985); respectively. We disagree with appellant’s contention as well as his analogy.
Apparently, appellant relies on this Court’s insistence that a jury be charged on certain subjects to support his proposition that failure to so instruct is a constitutional violation. While it is true that in certain instances, we have held that failure to instruct violates the due course of law provision, it is not true merely because the defensive theory is raised. Cobarrubio, 675 S.W.2d at 752. For instance, in Cobarru-bio, this Court held that it is error for a trial court to fail to instruct a jury that *488sudden passion is a defense to murder when voluntary manslaughter is also charged, id. However, this became a constitutional issue, not because the defensive issue of sudden passion was not charged, but rather because failure to instruct in Cobarrubio amounted to a reduction of the State’s burden of proof and that violated a defendant’s constitutional rights, id.
The Texas Constitution guarantees that, “[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disenfranchised, except by the due course of the law of the land.” Tex. Const. Art. I, § 19. “Due course of the law of the land” means “that punishment for a crime will be imposed only by and through a trial in accordance with law.” McFarlane v. State, 158 Tex.Crim. 194, 254 S.W.2d 136, 137 (1953). In Cobarrubio, the punishment imposed was not in accordance with the law, that is, the State was permitted to lower its burden of proof. Neither Amey nor Wilson, supra, concern the “due course of law” provision contained in the State Constitution and therefore they do not support appellant’s contention on appeal. Because the State’s burden was not reduced and there was no showing that the punishment was not assessed by and through a trial in accordance with the law, appellant’s third point of error is overruled.
IV.
In appellant’s fourth point of error, he contends the trial court erred in admitting State’s exhibits 102 and 103 over his objection. These exhibits were admitted during the punishment phase of the trial as evidence relevant to the second special issue concerning “future dangerousness.” Tex. Code Crim.Proc.Ann. art. 37.071(b). Exhibit 102 was an official copy of a complaint and judgment against “John W. Elliott,” cause number 601,399, for Public Intoxication committed on February 3,1978. Exhibit 103 was an official copy of a complaint and judgment against “John W. Elliott,” cause number 601,400, for Disorderly Conduct committed on February 3, 1978.
A certified copy of the judgment and sentence standing alone were insufficient to prove the prior offense, prior to the enactment of Tex. H.B. 635, 70th Leg. (1987) and Tex. S.B. 60, 71st Leg. (1989). Littles v. State, 726 S.W.2d 26, 28-29 (Tex.Crim.App.1984); Franklin v. State, 154 Tex.Crim. 375, 227 S.W.2d 814 (1950). See Tex.Code Crim.Proc.Ann. art. 38.33 and 42.-01. However, in this case, the State also introduced records of the county jail including fingerprints of the defendant supported by expert testimony that the fingerprints match the defendant’s. Littles, 726 S.W.2d at 32. The custodian of records for the Austin Police Department testified that the information contained within the “jail card” was made by an employee or representative with personal knowledge of the events or transactions contained in the booking sheet and the record was made at or near the time of the act or the event that’s reflected therein. There is no objection on appeal to the admission of the jail card which identifies “John William Elliott” as being arrested on February 3, 1978 for two violations, namely “D.O.C. # 1” and “P.I.,” cause numbers 601,399 and 601,400.
Appellant argues that exhibits 102 and 103 should be excluded because there was not sufficient information for the jury to infer that the person convicted of the offenses shown in the judgment is the same person shown in the jail card. We disagree. Appellant’s argument goes to the weight of the evidence and was properly overruled by the trial court. The trial court’s ruling was well within his discretion where the jail card admitted identifies a person with the same name as appellant, same cause of actions as illustrated in the judgments, committed on the same day as is indicated in the judgments, and the same violations as can be inferred from jail card. Personal knowledge that the cause numbers in the jail card are intended to correspond with the cause numbers on the judgment is not necessary. See McGowan v. State, 664 S.W.2d 355, 359 (Tex.Crim.App.1984). Appellant’s fourth point of error is overruled.
*489V.
In point of error five, appellant complains of the jury charge at the punishment phase of the jury trial. Appellant’s requested the following jury instruction:
With respect to the first special issue, you are instructed that the word “deliberately” is to be given in (sic) its ordinary, everyday meaning. However, the word “deliberately” means more than just “intentionally,” as that term was defined for you previously. That is, even though by your verdict of “guilty” you have already found that Defendant desired to cause death, you may not answer the first special issue “yes” unless you further believe beyond a reasonable doubt that he deliberately did so.
The trial court instructed the jury during punishment, that
The word “deliberately” is to be given its ordinary, everyday meaning. However, the word “deliberately” means more than just “intentionally” as that term was defined for you previously.
******
(1) Do you find from the evidence beyond a reasonable doubt that the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result?
Appellant argues that the charge given by the trial court does not tell the jury that its answer to the first special issue is dependent upon the distinction between deliberate and intentional conduct. We disagree. We see little difference between appellant’s requested charge and the charge actually given. Because appellant’s requested instruction comports with the actual instruetion given at trial, appellant’s fifth point of error is overruled.
VI.
In the sixth point of error, appellant avers that the trial court erred in refusing his requested instruction on the Texas parole laws. Citing California v. Ramos, 463 U.S. 992, 103 S.Ct. 3446, 77 L.Ed.2d 1171 (1983) and King v. Lynaugh, 828 F.2d 257 (5th Cir.1987), vacated in part, 850 F.2d 1055 (5th Cir.1988) (en banc), appellant contends the denial to so instruct violates the Eighth and Fourteenth Amendments of the U.S. Constitution. Not only is appellant incorrect as to the Federal Constitution, but it would violate the Texas Constitution to instruct the jury in such a manner.7
In California v. Ramos, the Supreme Court reviewed the California “Briggs Instruction,” which instructed the California jury that the Governor had the power to commute or modify a sentence.8 The California Supreme Court held the instruction violated the U.S. Constitution. The U.S. Supreme Court reversed, holding that the constitution did not prohibit the instruction, noting:
Our conclusion is not intended to override the contrary judgment of state legislatures that capital sentencing juries in their States should not be permitted to consider the Governor’s power to commute a sentence, [n. 30] It is elementary that States are free to provide greater protections in their criminal justice system than the Federal Constitution requires. We sit as judges, not as legislators, and the wisdom of the decision to permit juror consideration of possible commutation is best left to the States. We hold only that the Eighth and Four*490teenth Amendments do not prohibit an instruction.
[n. 30] See, e.g., GaCode Ann. § 17-8-76 (1982) (prohibiting argument as to possibility of pardon, parole, or clemency).
Many state courts have held it improper for the jury to consider or to be informed — through argument or instruction — of the possibility of commutation, pardon, or parole. The basis of decision in these cases is not always clear — i.e., it often does not appear whether the state court’s decision appears to rest on an interpretation of the State’s capital sentencing system and the division of responsibility between the sentencer and other authorities effected by that scheme. [Cites omitted.]
463 U.S. at 1013-1014, 103 S.Ct. at 3460.
Neither this Court nor the Fifth Circuit has interpreted Ramos in the manner articulated by appellant. Appellant directs our attention to a Fifth Circuit panel opinion whose pertinent portion was vacated. King, 850 F.2d 1055. While neither opinion in the Fifth Circuit holds precedential value for this Court, we are persuaded by the en banc opinion. The Fifth Circuit sitting en banc recognized the absence of any federal constitutional requirements concerning such an instruction. The Fifth Circuit noted:
We are further reluctant to require asymmetrical constitutional requirements for voir dire and the jury deliberations because of the Supreme Court’s determination that a jury instruction on a capital defendant’s eligibility for parole or commutation of sentence does not raise a constitutional issue. [Ramos, supra].
850 F.2d. at 1061. Accordingly, the trial court properly refused to instruct the jury on the parole laws in Texas at the punishment stage of a capital case. Jones v. State, No. 69,894 (Tex.Crim.App. September 23, 1992); Boyd v. State, 811 S.W.2d 105, 121 (Tex.Crim.App.1991). Appellant’s sixth point of error is overruled.
VI.
We have permitted appellant to file a Pro Se Supplemental Brief in this cause. His brief is identical in all respects, except in name and cause numbers, to a supplemental pro se brief previously addressed by this court in Draughon v. State, 831 S.W.2d 331, 337-38 (Tex.Crim.App.1992). We find the disposition of the identical points of error in Draughon are controlling in this cause, and appellant’s pro se supplemental points of error are overruled.
The points of error raised in appellant’s brief and appellant’s pro se supplemental brief are overruled. Therefore, we affirm the judgment of the trial court and the sentence of death in this cause.
BAIRD, J., concurs in the disposition of the first and third points of error, dissents to the inclusion of footnote one, and otherwise joins the opinion. MALONEY, J., concurs in parts II and III and otherwise joins the opinion.. Tex.Penal Code Ann. § 19.03(a)(2) makes it a capital offense to commit murder in the course of aggravated sexual assault under Tex.Penal Code Ann. § 22.021, rather than simple sexual assault under § 22.011. At the time of the offense, § 22.021 defined the offense of aggravated sexual assault without any reference whatsoever to § 22.011. Accordingly, it is thus debatable whether, in the instant cause, the meaning of "without consent” contained in the aggravated sexual assault statute was, at the time of appellant’s trial, necessarily limited to the "exclusive” definitions contained in subsection (b) of the simple sexual assault statute. See Committee Comment following § 21.03 (now § 22.-011) of the Texas Penal Code, A Proposed Revision, State Bar Committee on Revision of the Penal Code, (Final Draft 1970), from which the definition that was submitted to the jury in this cause was taken. However, effective September, 1, 1987 § 22.021 was amended to add subsection (c), which provides:
An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.-011(b) of this code.
Presumably, at the time of trial, the State could have obtained a conviction upon the broader definition of "without consent" that can be derived from Tex.Penal Code Ann. § 1.07(a)(9): without "assent in fact, whether express or apparent.” Nevertheless, because the State failed to object to the court’s charge, we are constrained to measure sufficiency of the evidence according to the only definition that was submitted. Boozer v. State, 717 S.W.2d 608 (Tex.Crim.App.1984).
. In 1975 this latter definition was amended to require such "threat, communicated by actions, words, or deeds, that would prevent resistance by a woman of ordinary resolution, under the same or similar circumstances, because of a reasonable fear of harm[.]” Acts 1975, 64th leg., p. 476, ch. 203, § 1, eff. Sept. 1, 1975.
. At least one Texas case decided under the former statute had held that where the prosecu-trix was asleep when carnal knowledge was initiated, the "force” necessary for rape was only such "as may be used in the act of copulation.” Payne v. State, 40 Tex.Crim. 202, 49 S.W. 604 (1899). See also Mooney v. State, 29 Tex.App. 257, 15 S.W. 724 (1890) (The Court of Appeals observed in dictum, “When the woman is asleep there is no contest of strength, and hence no necessity for greater force than that ordinarily involved in the act.”)
. Appellant’s briefs on appeal were filed prior to the U.S. Supreme Court’s decision in Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). The error was preserved for appeal. Black v. State, 816 S.W.2d 350 (Tex.Crim.App.1991).
. Appellant’s requested alternative instructions were:
IX. Under the Constitution of the State of Texas and the United States Constitution, you are instructed that you must consider all the evidence in the case, including any aggravating factors and any evidence that mitigates against the imposition of the death penalty. That is, you must consider all evidence which has any bearing on the two special issues before you, but you must also consider any mitigating evidence or extenuating circumstances that might lead you to believe that the death penalty would not be appropriate.
Therefore, if you find beyond a reasonable doubt that the answer to each special issues is "Yes”, but you believe from all the evidence, including both aggravating and mitigating factors, that the death penalty is not appropriate in this case, you are instructed not to answer the special issues.
X. (Only in the event IX. is not given) Under the Constitution of the State of Texas and the United States Constitution, you must take into consideration all of the evidence, whether aggravating or mitigating, if any, submitted to you in the trial of this case, including all evidence before the Defendant was found guilty, and all evidence introduced at the second part of the trial, the penalty stage. You must consider all evidence, if any, that mitigates against the death penalty before answering the two special issues submitted to you.
.Though appellant directs our attention to certain mitigating evidence, he fails to include the voluntary "intoxication" evidence raised by the dissent. The only evidence of intoxication was offered at the guilt phase of the trial. The record indicates that everyone, including appellant, became a "little drunk” or was “drunk,” but the intoxication evidence was only examined further as to the victim. Appellant presented no evidence that he was an alcoholic, or that his intoxication, if any, at the time of the offense was such that it rose to the level of temporary insanity. See Tex.Penal Code Ann. § 8.04.
We are unwilling to determine whether the record is sufficient to support the dissent's view that the record conclusively or sufficiently demonstrates that appellant was intoxicated. Nevertheless, because the dissent does address the issue, we do note that this Court has held that intoxication can be fully considered within special issue number one. Miniel v. State, 831 S.W.2d 310, 320-321 (Tex.Crim.App.1992); Goss v. State, 826 S.W.2d 162, 167 (Tex.Crim.App.1992) (plurality opinion).
. Our state constitution prohibits such an instruction in capital murder trials. Tex. Const. Art. 4 § 11; Tex.Code Crim.Proc.Ann. art. 37.07 § 4; Boyd v. State, 811 S.W.2d 105, 121 (Tex. Crim.App.1991).
. The Briggs Instruction was incorporated into the California Penal Code as a result of a 1978 voter initiative. The California Code required the following instruction:
You are instructed that under the State Constitution a Governor is empowered to grant a reprieve, pardon, or commutation of a sentence following conviction of a crime.
Under this power a Governor may in the future commute or modify a sentence of life imprisonment without possibility of parole to a lesser sentence that would include the possibility of parole.
Ramos, 463 U.S. at 995-996, 103 S.Ct. at 3450-3451.