Powell v. State

Believing the collateral estoppel doctrine prohibits the admission of evidence of an offense for which one has been acquitted, I respectfiilly dissent to the resolution of the seventh, eighth and ninth points of error.

I

As a general rule extraneous offenses are irrelevant and inadmissible. Castillo v. State, 739 S.W.2d 280, 289 (Tex.Cr.App.1987); and, McCann v. State, 606 S.W.2d 897, 899-900 (Tex.Cr.App.1980). However, Tex.Code Crim.ProeAnn. art. 37.071 provides for the introduction of any evidence the trial judge deems relevant at the punishment phase of a capital murder trial. Therefore,…