Allan Beck v. State Texas

This is an appeal from a conviction for the second-degree felony offense of escape under V.T.C.A., Penal Code, ? 38.07(d). The punishment was assessed by the jury at 20 years imprisonment. The conviction was reversed by the Court of Appeals in an unpublished opinion holding, inter alia, that evidence of a prior conviction was offered at the penalty stage upon the unsworn testimony of the fingerprint expert, Sergio Lopez; that a witness oath is a fundamental and essential requirement for testimony of such witness to have any binding effect; and that without sworn testimony the States connective link between the appellant and the pen packet was not viable. Ground of error number two was sustained. Beck v. State (Tex.App.-El Paso, No. 08-82-00084-CR, August 21, 1985).