Ellison v. State

OPINION

Opinion by

Justice CORNELIUS (Retired).

This case is before us on remand from the Texas Court of Criminal Appeals. In our prior decision, we affirmed Ellison’s conviction for aggravated robbery, but remanded the case to the district court for a new trial on punishment because the trial court failed to sua sponte instruct the jurors that, before they could consider certain prior offenses and bad acts allegedly committed by Ellison, they must find beyond a reasonable doubt that Ellison actually committed those acts. See Ellison v. State, 51 S.W.3d 393 (Tex.App.-Texarkana 2001), rev’d, 86…