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FIELDS v. STATE

No. 792-98.

1 S.W.3d 687 (1999)

Douglas Elwood FIELDS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 15, 1999.

Attorney(s) appearing for the Case

Michael C. Gross, San Antonio, for appellant.

Daniel Thornberry, Asst. Dist. Atty., San Antonio, Betty Marshall, Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

JOHNSON, J., delivered the opinion for a unanimous court.

Appellant was charged with and convicted of aggravated robbery. During the punishment phase, the State presented evidence that appellant had committed a previous robbery which had never been prosecuted. In its charge at the punishment phase, the trial court instructed the jury that any extraneous evidence must be proven beyond a reasonable doubt before it could be considered by the...

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