Beham v. State

Keasler, J., delivered the opinion of the Court, in which Keller, P.J., and Hervey, Richardson, Yeary, Keel, and Walker, JJ., joined.

Roderick Beham posted several pictures on Facebook in which he appears to "hold[ ] himself out as" a gang member.1 These pictures were shown in a punishment hearing as evidence of Beham's character, and a law-enforcement expert on gang activity was called to explain their meaning and significance. The court of appeals held that this testimony was irrelevant and reversed Beham's sentence. Because we think that the testimony was "relevant to sentencing,"2 we…