stating that possession of the fullest information possible concerning the defendant=s life and characteristics is highly relevant, if not essential, to selection of an appropriate sentence
How later courts described this case
- stating that possession of the fullest information possible concerning the defendant=s life and characteristics is highly relevant, if not essential, to selection of an appropriate sentence
- under then-extant Article 37.07, Section 3(a), "general rule" was that unadjudicated bad acts were inadmissible at punishment phase, and statute was never construed "to authorize character evidence in the form of specific misconduct, except, of course, inasmuch as that misconduct has become a part of the `prior criminal record' of the accused"
- AIt is axiomatic, for example, that punishment should fit the particular crime. Accordingly, the trial court routinely instructs the jury it may consider all evidence admitted at the guilt phase in making its punishment determination.@
- after holding unadjudi-cated extraneous offenses inadmissible at punishment under article 37.07, section 3(a), holding they were also irrelevant on issue of suitability for probation, because article 42.12 did not make this an issue for the jury’s consideration in recommending probation
Written by the judges who cited it.
The opinion
WHITE, Judge,
dissenting.
Because the majority’s opinion on rehearing withdraws probative and admissible evidence from the members of the jury, I respectfully dissent to the majority’s opinion on rehearing for the reasons explained in my dissenting opinion on original submission. Murphy v. State, 777 S.W.2d 44 (Tex.Cr.App., No. 102-86, this day decided) (dissenting opinion on original submission).
BERCHELMANN, J., joins this dissent.