in case in which defendant had applied for probation, following rule cited in Murphy to hold unadjudicated extraneous offense improperly admitted, and also holding defendant did not open door to its admission by then rebutting same with psychologist’s testimony that he was suitable for probation
How later courts described this case
- in case in which defendant had applied for probation, following rule cited in Murphy to hold unadjudicated extraneous offense improperly admitted, and also holding defendant did not open door to its admission by then rebutting same with psychologist’s testimony that he was suitable for probation
- defendant does not “open the door” to extraneous conduct evidence admitted before defendant gave evidence that would otherwise “open the door”
- all involving admission of extraneous-offense evidence
Written by the judges who cited it.
The opinion
WHITE, Judge,
dissenting.
I respectfully dissent to the majority’s opinion because I would hold that specific instances of conduct are admissible at the punishment phase under Art. 37.07, Sec. 3(a), V.A.C.C.P., subject only to the constraints of a relevancy analysis. See Murphy v. State, 777 S.W.2d 44 (Tex.Cr.App., this day decided) (Opinion on Motion for Rehearing) (White, J., dissenting). I also dissent to the majority’s determination that appellant’s specific act of misconduct would have been admissible only in the event of appellant opening the door first.
Because the majority withdraws such probative and admissible evidence from the members of the jury, I must respectfully dissent.
BERCHELMANN, J., joins this dissent.