Kime v. State

OPINION

MORRISON, Judge.

This is an appeal from a conviction for robbery by assault. The jury assessed punishment at seven (7) years upon appellant’s plea of guilty and refused appellan’s application for probation.

In his first ground of error appellant contends the trial court erred in admitting evidence of an extraneous offense at the punishment phase of the trial. The trial court admitted testimony, over appellant’s belated objection, concerning appellant’s prior use of heroin. The error, if any, was cured when appellant, his mother, and a friend all testified to substantially the same thing…