Kendrick v. State

I respectfully dissent. I would sustain appellant’s second point of error.

Appellant’s second point of error alleges reversible error was committed when the State attempted to introduce evidence of an extraneous offense. Appellant did not testify. In the process of establishing an alibi, appellant’s counsel questioned appellant’s brother, Chris Kendrick, as follows:

BY [DEFENSE COUNSEL]:

Q. Chris, are you related to the defendant, Gregory Franklin Kendrick?

A. Yes, sir.

Q. And what relationship are you to him?

A. He’s my brother.

Q. And are your currently — are you — have you ever been convicted of…