Allaben v. State

OPINION

ONION, Judge.

The offense is Sodomy; the punishment, two (2) years confinement in the Texas Department of Corrections.

Appellant does not challenge the sufficiency of the evidence and a recitation of the facts is unnecessary for a proper disposition of the case.

In his first ground of error, appellant contends the Court erred in refusing to allow him to testify before the jury at the separate hearing on punishment that he had been receiving psychiatric care and treatment since the occurrence of the offense.

Testifying in his own behalf at the hearing on punishment, the thirty-three year…