Court of Criminal Appeals of Texas

Rudolph Mendiola, Appellant v. the State of Texas

June 21, 20002000 Tex. Crim. App. LEXIS 68

Summary

The Court reversed the Court of Appeals and remanded for reconsideration, holding that evidence of the dismissal of an indictment for an extraneous offense is relevant to sentencing under Art. 37.07 §3(a) and must be admitted. Justice Keller dissented, arguing that such evidence is merely a subsidiary fact and not relevant.