Gilmore v. State

OPINION

Before DUGGAN and HUGHES, JJ., and SMITH *, J. (Retired). DUGGAN, Justice.

A jury found the appellant, Charles Gilmore, guilty of murder, found two enhancement allegations true, and assessed punishment at life imprisonment. In a single point of error, Gilmore complains that the trial court abused its discretion in allowing the State to reopen the evidence after both sides had rested, but before jury argument, during the punishment phase of the trial.

During the punishment phase, the State introduced two penitentiary packets for the purpose of proving the indictment’s two enhancement…