Grunsfeld v. State

I agree with and concur in the majority’s disposition of Grunsfeld’s first three points. I respectfully dissent from the majority’s holding that the trial court committed reversible error in admitting evidence of extraneous offenses during the punishment phase of Grunsfeld’s trial. Accordingly, I would affirm.

The majority hold that article 37.07, section 3(a) of the Texas Code of Criminal Procedure forbids the introduction of extraneous offense evidence during the punishment phase of a trial. This section, which was amended in 1989, provides, in pertinent part, as follows:

Sec. 3. Evidence of…