Barecky v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated rape. After finding appellant guilty, the jury assessed punishment at twelve years.

In his first ground of error appellant complains that the State introduced evidence of a juvenile conviction for burglary during the punishment phase of the trial, and that such constituted fundamental error.

The State replies, citing Love v. State, 533 S.W.2d 6 (Tex.Cr.App.), that the evidence complained of was in the form of a “have you heard” question asked of a reputation witness and was thus proper.

It is improper to impeach an…