Tatum v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was indicted for the offense of involuntary manslaughter. A jury found him guilty of that offense, and trial proceeded to punishment, before the jury. At the outset of the punishment hearing, out of the presence of the jury, appellant objected to the State’s proffer of evidence of a prior misdemeanor conviction for the offense of driving while intoxicated. Pursuant to appellant’s self-styled “motion in limine,” the following exchange occurred:

“[DEFENSE COUNSEL]: ... We have raised McMillan versus State that if [appellant]…