Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Sims v. State - CCA

Character evidence, in the form of opinion testimony, is admissible under CCP art. 37.07 [1] when that opinion was formulated from a specific extraneous offense that the jury was entitled to hear about. Both types of evidence are admissible in a punishment hearing, and there is no reason that they cannot be combined during punishment proceedings. Any complaint about the officer's opinion being based on a single encounter goes to the weight rather than the admissibility of such evidence. Sims v. State, PD-1575-07 [2].

Source URL: http://www.tdcaa.com/node/3004

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000037.00.htm#37.07.00
[2] http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=17157