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The trial court does not err in refusing to instruct that extraneous offenses must be proved beyond a reasonable doubt when, as here, all of the evidence as to appellant's criminal behavior was in the form of prior offenses which had been subjected to judicial testing under the proper burden and the burden had been met. Giving such an instruction is a useless act if no unadjudicated offenses have been introduced.
June 21, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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