Blackwell V. State - In the Court of Appeals for the First District of Texas

Blackwell V. State

By In the Court of Appeals for the First District of Texas

  • Release Date - Published: 2006-01-31
  • Book Genre: Law
  • Author: In the Court of Appeals for the First District of Texas
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Blackwell V. State In the Court of Appeals for the First District of Texas read online review & book description:

Appellant, Theran Tremayne Blackwell, pleaded not guilty to the offense of indecency with a child. Tex. Pen. Code Ann. § 21.11(a)(1) (Vernon 2003). The jury found appellant guilty, found true an enhancement paragraph that alleged that appellant had a prior felony conviction, and assessed his punishment at confinement for 30 years. In two points of error, appellant contends that the trial court erred by admitting evidence of two extraneous offenses and by permitting the State to ask an improper commitment question in voir dire. Appellant's third point of error asserts that his trial attorney rendered ineffective assistance of counsel. We hold that the trial court did not err by allowing the admission of extraneous offenses as rebuttal evidence of appellant's defensive theories at trial, which suggested that appellant lacked the intent to sexually assault J.H. and that appellant was the victim of a "frame-up" by J.H.'s grandmother. We further hold that the State's voir dire questions were not improper commitment questions and that appellant's trial attorney did not render ineffective assistance of counsel at trial. We therefore affirm.

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