Escovedo v. State

OPINION

O’CONNOR, Justice.

The primary issue in this appeal is whether a trial court is required to give an instruction on reasonable doubt regarding an extraneous offense at punishment. We hold it must.

A jury found the appellant, Andrew J. Escovedo, guilty of aggravated robbery and assessed punishment at 20 years in prison. We affirm.

Facts

The complainant, Victoria Cortinez, worked part-time at the Gutierrez Food Market, located at 7313 Market Street in Houston. She was the only employee in the store during her shift from 10:00 a.m. to 2:00 p.m. On February 9, 1994, she opened the store about…