Court of Criminal Appeals of Texas

James Carey Rankin, Appellant v. the State of Texas, Appellee

October 22, 19971997 Tex. Crim. App. LEXIS 84

Summary

The Court of Criminal Appeals of Texas granted the State’s petition for discretionary review and reversed the Court of Appeals’ judgment, holding that the appellant’s judicial admission was not an extraneous offense and that the prosecutor may argue a conviction based on that admission. The majority found the lower court erred in both its extraneous‑offense analysis and its restriction on the prosecutor’s argument. Separate dissenting and concurring opinions argue that the majority misapplied precedent and should have vacated the appellate judgment. Justice Baird, dissenting, would have withdrawn the panel opinion and affirmed the trial judgment.