Opinion

Huizar v. State

  • 12 S.W.3d 479
  • 2000 Tex. Crim. App. LEXIS 20
  • 2000 WL 202053
Court
Court of Criminal Appeals of Texas
Filed
Feb 23, 2000
Status
Published
Author
Mansfield
On the bench
Meyers, Mansfield
Cited by
500 cases
Authority
More cited than 7.6%

holding that article 37.07, § 3(a)(1), is the law "applicable to the case” and thus the trial judge must sua sponte give an instruction on the burden of proof concerning extraneous offenses offered at the punishment stage of a non-capital trial

How later courts described this case

  • holding that article 37.07, § 3(a)(1), is the law "applicable to the case” and thus the trial judge must sua sponte give an instruction on the burden of proof concerning extraneous offenses offered at the punishment stage of a non-capital trial
  • holding that a trial judge must sua sponte instruct the jury at the punishment phase about article 37.07 of the Texas Code of Criminal Procedure, which requires that the State must prove any extraneous offenses beyond a reasonable doubt
  • holding that there is a statutory requirement that the jury find beyond a reasonable doubt that extraneous offenses and bad acts are attributable to the defendant before the jury can consider them in assessing punishment
  • holding that, during punishment phase of non-capital cases, trial court is statutorily required, but not constitutionally required, sua sponte, to instruct jury on burden of proof for extraneous offenses or bad acts

Written by the judges who cited it.

Distinguished

  • Distinguished by Alejandro Rodriguez Mata v. State (2008)

    Huizar is distinguishable
    Texas Court of Appeals, 13th DistrictMay 22, 2008Read it
  • Distinguished by Oscar Lee Burks v. State (2006)

    In Rayme v. State, this Court distinguished both Huizar and Graves and held
    Texas Court of Appeals, 1st District (Houston)Dec 14, 2006Read it

The opinion

MANSFIELD, Justice,

concurring.

I join the opinion of the majority, reversing the judgment of the court of appeals and remanding this cause for analysis under Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985) (opinion on reh’g).

I would additionally order the court of appeals to determine whether the failure of trial counsel to ask for the instruction as to the State’s burden of proof as to extraneous offenses introduced at the punishment phase of appellant’s trial amounts to ineffective assistance of counsel 1 to the extent that appellant is entitled to a new punishment hearing.

. The standards set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), apply to claims of ineffective assistance of counsel whether at the guilt/innocence phase or the punishment phase of trial. See Hernandez v. State, 988 S.W.2d 770 (Tex.Crim.App.1999).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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