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ELLISON v. STATE

No. 1609-01.

86 S.W.3d 226 (2002)

Bobby Joe ELLISON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 2, 2002.

Attorney(s) appearing for the Case

Clement Dunn, Longview, for Appellant.

Betty Marshall, Assistant State's Attorney, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

OPINION

JOHNSON, J., delivered the unanimous opinion of the Court.

Following a jury trial, appellant was convicted of aggravated robbery. The jury assessed punishment at ninety-nine years in prison and a $5000 fine. During the punishment phase of trial, the trial court admitted evidence of extraneous offenses, but failed to instruct the jury that, before it could consider the extraneous-offense evidence, it must find that the state had proved those...

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