Donald Ray Fitzgerald, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the Texas Court of Appeals' reversal, holding that extraneous offense testimony was inadmissible to rebut the defense of necessity and that the prior aggravated robbery conviction, being an essential element of the escape offense, could not be used for sentencing enhancement. The dissent concurred in part on the enhancement issue but argued the extraneous evidence should be admitted.