Drew v. State

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted for the offense of indecency with a child, and his punishment assessed by the jury at ten years confinement in the Texas Department of Corrections, probated, and a fine of $10,-000.

In reversing appellant’s conviction, the First Court of Appeals relied upon the decision of the Fifth Court of Appeals in Murphy v. State, 700 S.W.2d 747 (Tex.App.—Dallas 1985), to hold the trial court erred in admitting evidence of an extraneous act of indecency with a child at the punishment phase of trial simply because…