Jones v. State

OPINION ON STATE’S MOTION FOR REHEARING

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for burglary of a habitation. Punishment was assessed at life.

On original submission, the panel reversed appellant’s conviction after concluding that evidence of an extraneous offense should not have been admitted. Over objection, the State was allowed to prove during its case in chief that three days prior to the instant offense, appellant broke into the apartment of D_ D_ in Dallas. D-D_testified that once he was in her apartment, appellant raped her and took several items of personal property.

At…