Johnson v. State

JOHN F. ONION, Jr., Justice.

This appeal is taken from a conviction for capital murder. Tex. Penal Code Ann. § 19.03(a)(2) (West 1994). 1 After the jury found appellant Duane Johnson guilty, the trial court assessed punishment at life imprisonment as the State did not seek the death penalty. See Tex.Code Crim. Proe. Ann. art. 37.07, § 1 (West Supp.1996).

Appellant advances two points of error concerning the admission of an extraneous offense into evidence at the guilt/innocence stage of the trial., First, appellant urges that the trial court abused its discretion in finding the extraneous…