[Download] "Burks v. State" by Court of Appeals of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: Burks v. State
- Author : Court of Appeals of Utah
- Release Date : January 14, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appellant, Oscar Lee Burks, pleaded not guilty to the offense of aggravated robbery and pleaded true to two felony convictions alleged as enhancement. A jury found him guilty of the lesser offense of robbery and assessed punishment at 45 years in prison, see Tex. Pen. Code Ann. § 29.02 (Vernon 2003), enhanced by the prior felony convictions. See Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2005). In three points of error, appellant contends (1) that the trial court committed fundamental error and violated his Sixth Amendment right to counsel by requiring that appellant discontinue speaking with his attorney while the jury was present in the courtroom for final arguments in the punishment phase of the trial; (2) that the trial court abused its discretion by admitting evidence of extraneous offenses during the guilt-innocence phase of the trial; and (3) that the trial court caused appellant egregious harm by not including burden-of-proof instructions regarding extraneous offenses in the jury charge on punishment.