This rule also applies to the punishment phase if a defendant requests the instruction.See United States v. Flores, 63 F.3d 1342, 1376 (5th Cir. 1995). However, failure to give the instruction may be harmless error.See id.On direct appeal, the Texas Court of Criminal Appeals recognized that Beathard was entitled to a no adverse inference instruction at the punishment phase of his trial.See Beathard v. State, 767 S.W.2d 423, 432 (Tex. Crim. App. 1989). However, it found the error to be harmless underChapman v. California, 386 U.S. 18 (1967).