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Mendiola v. State

In determining relevance during the punishment phase, the court should decide whether the evidence would help the jury to determine an appropriate sentence.

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AFFIRMED

OPINION ON REMAND

This appeal is from a conviction on three counts of indecency with a child by sexual contact. The jury found Rudolph G. Mendiola guilty and sentenced him to twelve years confinement. We affirmed his conviction and sentence. The Texas Court of Criminal Appeals granted Mendiola’s petition for discretionary review to determine whether we erred in determining that certain evidence, offered by Mendiola, was not a “matter … relevant to sentencing” under Art. 37.07 �3(a) of the Texas Code of Criminal Procedure. The court reversed our judgment and remanded the case on this sole issue. The court ordered us to reconsider Mendiola’s argument in light of Rogers v. State, 991 S.W.2d 263 (Tex. Crim. App. 1999). Mendiola v. State, 21 S.W.3d 282, 285 (Tex. Crim. App. 2000). Upon consideration of Rogers, we affirm.

 
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