Court of Criminal Appeals of Texas

Marlin J. Davis, Appellant v. the State of Texas

June 10, 19981998 Tex. Crim. App. LEXIS 73

Summary

The Court held that evidence of the details of a prior offense for which a defendant received deferred adjudication is admissible at the penalty phase of a subsequent trial. It found that Article 42.12, Section 5(c)(1) does not limit the State to merely the fact of deferred adjudication and does not conflict with Article 37.07, Section 3(a). The Court reversed the Court of Appeals and affirmed the district court's sentencing judgment.