Ellison v. State

OPINION

Larry Martin Ellison pled guilty to sexual assault but chose to have a jury decide his sentence. During punishment, a probation officer testified that Ellison was not a “suitable” candidate for community su pervision. The Court of Appeals held that the trial judge did not abuse his discretion in admitting the testimony. 1 We affirm its judgment and hold that suitability is a matter “relevant to sentencing” under Article 37.07, Section 3(a).

Facts and Procedural History

Ellison pled guilty to sexually assaulting a thirteen-year-old girl and chose to have a jury determine his punishment.…