Rogers v. State

OPINION

The appellant was convicted in Walker County of attempted capital murder. Penal Code §§ 19.03(a)(1), 15.01(a). At the punishment stage, the appellant pleaded not true to a prior felony conviction. With the enhancement for his prior conviction, the appellant was eligible for a punishment of imprisonment for 15 years to 99 years or life. Penal Code § 12.42(c). The jury sentenced the appellant to life in prison.

At the punishment stage of the appellant’s trial, the State offered three penitentiary packets (pen packets) as permitted by Code of Criminal Procedure article 37.07 section 3(a)…