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Sims v. State

Both character evidence in the form of opinion testimony and extraneous-offense testimony may be admissible during trial, even if the opinion testimony is based on facts brought forth from the extraneous-offense testimony. Court of Criminal Appeals, No. PD-1575-07

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Price, J., delivered the opinion for a unanimous Court.

OPINION

The appellant was convicted by a jury for the offense of aggravated assault with a deadly weapon, a knife.*fn1 The jury assessed the appellant’s sentence at four years’ confinement. We granted the appellant’s petition for discretionary review to determine whether the State, during the punishment phase of trial, may introduce character evidence in the form of opinion testimony when that opinion is based on no more than a single encounter with law enforcement that constitutes an extraneous offense. For the reasons that follow, we hold that the evidence presented at the punishment phase of trial was proper and that the trial court committed no error in allowing its admission.

 
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