Court of Criminal Appeals of Texas

Robert Lee Pearson, Appellant v. the State of Texas

June 9, 19991999 Tex. Crim. App. LEXIS 69

Summary

The Court reversed the Court of Appeals and affirmed the trial court, holding that the appellant had an opportunity to present punishment evidence and therefore the error of not holding a separate punishment hearing was not preserved by his motion for new trial. The Court reaffirmed the requirement of a punishment hearing after adjudication of guilt under Art. 42.12 but distinguished Borders as non‑binding.