Court of Criminal Appeals of Texas

Stephen George, Appellant v. the State of Texas, Appellee

December 21, 19941994 Tex. Crim. App. LEXIS 141

Summary

The Court affirmed the Court of Appeals, holding that when a defendant requests at the guilt/innocence phase that the jury be instructed on extraneous offense evidence, the trial court must require the jury to find beyond a reasonable doubt that the defendant committed the extraneous offense before considering it. The decision rests on longstanding Texas precedent that the proof standard for admissibility and jury instruction is beyond a reasonable doubt, rejecting the State's argument that the standard should be lower.