Gilbert v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of aggravated robbery and his punishment was assessed by the jury at 50 years confinement. On appeal he contended that the trial court erred to admit evidence of an extraneous robbery over his objection. The Fort Worth Court of Appeals agreed and reversed the conviction, with one judge dissenting. Gilbert v. State, 781 S.W.2d 296 (Tex.App.—1988). We granted petition for discretionary review in order to examine the State’s contention that the court of appeals paid insufficient deference to the trial…