Calvin Joseph Smith, Appellant v. the State of Texas

Summary

The Court held that a trial court may consider extraneous misconduct evidence contained in a pre‑sentence investigation (PSI) for sentencing even if that misconduct is not proven beyond a reasonable doubt, so long as the PSI provides a rational basis to infer the defendant's responsibility. However, the trial court may not treat the defendant as directly responsible for those extraneous injuries without such proof, and the case was affirmed and remanded for resentencing. Justice Keller dissented, arguing the record did support such an inference and would reverse the appellate judgment; Justice Johnson also dissented, insisting the statute requires beyond‑reasonable‑doubt proof.