843 SW2D 572 - Holifield v. State

How this case has been cited

Cited by 19 later decisions — most recently April 2018

19 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

¶2Appellant was convicted in two cases of attempted murder and his punishment was assessed by a jury at ten years confinement. This conviction was affirmed. Holifield v. State, 827 S.W.2d 623 (Tex.App.—Beaumont, 1992). Appellant seeks discretionary review of the Court of Appeals’ holding that evidence of an unadjudicated extraneous offense was admissible in the punishment phase of trial.

¶3At the punishment phase of appellant’s trial, the State offered “Roberts/McGee testimony” of an extraneous offense which did not result in a final conviction. The Court of Appeals held that this evidence was admissible under the 1989 amendment to Tex.Code Crim.Proc.Ann. art. 37.07, § 3(a). 827 S.W.2d at 625.

¶4The Court of Appeals’ opinion was handed down before our decision in Grunsfeld v. State, 843 S.W.2d 521 (Tex.Cr.App.1992). Accordingly, we grant appellant’s petition, vacate the judgment of the Court of Appeals and remand the cause to that court for reconsideration in light of our decision in Grunsfeld.