Ellison v. State

OPINION

JOHNSON, J.,

delivered the unanimous opinion of the Court.

Following a jury trial, appellant was convicted of aggravated robbery. The jury assessed punishment at ninety-nine years in prison and a $5000 fine. During the punishment phase of trial, the trial court admitted evidence of extraneous offenses, but failed to instruct the jury that, before it could consider the extraneous-offense evidence, it must find that the state had proved those acts beyond a reasonable doubt. Appellant did not object to the omission in the jury charge.

On appeal, appellant argued that the trial court had…