Court of Criminal Appeals of Texas

William Dean Maynard, Appellant v. the State of Texas, Appellee

February 20, 19851985 Tex. Crim. App. LEXIS 1223

Summary

The Court of Criminal Appeals reversed William Dean Maynard's burglary conviction and remanded for a new trial, holding that the trial court erred in admitting marijuana and a switchblade knife evidence as extraneous offenses and that the error was not harmless. The Court also clarified that an objection made outside the jury's presence preserves error and that a defendant does not waive such an objection by later testifying about the same facts. Additionally, the Court overruled prior authority that treated such testimony as a waiver. The decision was rendered after discretionary review of the trial and appellate courts' rulings.