Court of Criminal Appeals of Texas
Michael Eugene McGee, Appellant v. the State of Texas
September 12, 20072007 Tex. Crim. App. LEXIS 1122
Summary
The Court affirmed the trial court’s admission of testimony alleging the defendant’s perjury at the guilt stage, holding that such evidence is admissible at the punishment phase under Article 37.07, §3(a) because it is relevant to sentencing. The Court reasoned that a defendant’s truthfulness is probative of rehabilitation and that the evidence was not offered to relitigate the defendant’s guilt. Accordingly, no abuse of discretion was found.