Daniel Lamonte Holifield v. State Texas

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW Appellant 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, Nos. 09-89-276
CR and 09-89-277 CR (Tex.App.--Beaumont, delivered April 8, 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. At 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). Slip op. pgs. 6-7.