Joe Willie Prescott v. State Texas

Appellant was found guilty by a jury of murder. Tex. Penal Code Ann. ? 19.02 (Vernon 1974). Punishment was thereafter assessed by the jury at thirty-five years in the Texas Department of Corrections. The appellants conviction was affirmed by the Court of Appeals for the Second Judicial District in a published opinion. Prescott v. State, 696 S.W.2d 693 (Tex.App.--Fort Worth 1985, pet. granted.) (Opinion on States Motion for Rehearing). We granted appellants petition for discretionary review in order to consider whether the Court of Appeals erred in finding that the trial court correctly overruled the appellants objection to the state eliciting testimony regarding a prior extraneous offense.