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

Summary

The Court of Criminal Appeals affirmed the Tyler Court of Appeals, holding that evidence of extraneous offenses committed after the appellant's escape was inadmissible to rebut his defense of necessity because the offense of escape is complete upon unauthorized departure and later conduct is irrelevant to the defense. The Court also noted that the prior aggravated robbery conviction, being an element of the escape offense, could not be used for enhancement.