STEWART v. STATE

No. 2-95-252-CR.

927 S.W.2d 205 (1996)

David Eugene STEWART Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 11, 1996.


Attorney(s) appearing for the Case

Earl R. Waddell, III, Fort Worth, for Appellant.

Tim Curry, Criminal Dist. Atty., Betty Marshall and Chuck Mallin, Asst. Chiefs of the Appellate Div., John A. Stride, Richard Bland and Lee Wyatt, Assts., Fort Worth, for State.

Before CAYCE, C.J., and LIVINGSTON and BRIGHAM, JJ.


OPINION

CAYCE, Justice.

Appellant David Eugene Stewart was found guilty of the offense of aggravated sexual assault, and the jury assessed punishment at thirty-five years' incarceration. In one point of error, Stewart contends that the trial judge erroneously admitted evidence of an extraneous unadjudicated offense during the punishment phase in violation of TEX. CODE CRIM. PROC. ANN. art. 37.07, § 3(a) (Vernon Supp.1996). We affirm.

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