Moore v. State

OPINION

ANNE GARDNER, Justice.

INTRODUCTION

Vernon Eugene Moore appeals his conviction for felony assault causing bodily injury to a family member. In his sole point on appeal, he asserts that the trial court erred by failing to sua sponte instruct the jury at the punishment phase of the trial that they could consider only extraneous offenses proven beyond a reasonable doubt. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant was indicted for assault causing bodily injury to his wife. In the indictment, the State asserted that Appellant had a prior conviction for assault causing bodily injury…