McClure v. State

On original submission, a majority of a panel of this Court, sua sponte, rather than see a miscarriage of justice occur, ordered appellant’s conviction reversed because an extraneous offense had been improperly admitted into evidence during his trial. For whatever reason, the appellant’s court appointed attorney on appeal failed to raise the issue in a ground of error. See Art. 40.09, Sec. 9, V.A.C.C.P. However, the panel found, pursuant to former Art. 40.09, Sec. 13, V.A.C.C.P.,1 unassigned error, and held that the extraneous offense had been improperly admitted into evidence at appellant’s…