Perkins v. Texas (original by judge newell)
Annotate this CaseCarroll Weathermon saw appellant Mickey Perkins standing over Lana Hyles who was on the ground. Weathermon did not know Hyles or Appellant prior to that day. She began honking her horn and saw Appellant grab Hyles by the hair pulling her toward a car parked in the grass to the side of the road. Weathermon called 911, opened her passenger door, and Hyles crawled inside as her nose bled. Weathermon took Hyles to the emergency room. Hyles previously dated Appellant, and, according to Hyles, Appellant was to drop her off at home but began heading in the wrong direction. Hyles advised Appellant to take her home, which led to an argument. The argument became physical when Appellant pushed her head into the console of the car and choked her causing her pain and difficulty breathing. Hyles bit Appellant’s finger and exited the vehicle as it slowed down. She did not recall being on the ground or Appellant physically trying to force her back to the car. After Appellant left in Hyles’s car, she got into Weathermon’s car. But according to Appellant, Hyles caused her own injuries. He claimed that as he was driving, Hyles slammed the car into either park or reverse from the passenger seat. Appellant claimed he was forced to hit the brakes, causing Hyles to hit her face on the dash. Ultimately, Appellant was charged by indictment with aggravated assault against a person with whom he had previously had a dating relationship. The issue this case presented for the Texas Court of Criminal Appeals centered on whether the State was required to accept a defendant's stipulation of evidence regarding an unadjudicated extraneous offense offered for non-character conformity purposes, rather than introduce testimony regarding the commission of that offense into evidence during the State’s case-in-chief. The Court declined to extend its holding in Tamez v. Texas involving jurisdictional DWI convictions to the situation presented in this case. The Court affirmed the court of appeals opinion in this regard. However, the Court concurred with Appellant that the court of appeals failed to review the trial court’s decision to admit testimony of Appellant’s unadjudicated aggravated assault over Appellant’s Rule 403 objection. Consequently, the Court remanded the case for the court of appeals to determine whether the trial court’s admission of this evidence ran afoul of Rule 403.
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