HOLLAND v. STATE

No. 2-89-252-CR.

820 S.W.2d 221 (1991)

James Hershel HOLLAND, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 8, 1992.


Attorney(s) appearing for the Case

Alley & Alley, and Richard Alley, Trimber & McAfee, P.C., and George Trimber, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Chris Marshall, Asst. and David L. Richards, Lisa Bruner, David Ward, Assts., Fort Worth, for appellee.

Before FARRIS, DAY and LATTIMORE, JJ.


OPINION

DAY, Justice.

James Hershel Holland appeals his conviction for the offense of driving while intoxicated. See TEX.REV.CIV.STAT. ANN. art. 6701M(b) (Vernon 1989). We affirm.

The issue in this case is whether an extraneous offense is admissible for jury consideration in assessing punishment and recommending probation when a defendant applies for probation, pleads not guilty but is found guilty, and then testifies in support of his application...

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