Pearson v. State

In Pearson v. State, 994 S.W.2d 176 (Tex. Crim. App. 1999), the court reaffirmed its decision in Issa, stating that the appellant in that case had preserved error and was entitled to a separate punishment hearing when he had "neither the opportunity to present punishment evidence nor the opportunity to object to the trial court's action." 994 S.W.2d at 178. The court then distinguished Pearson's situation because he "not only had the opportunity to, but did present punishment evidence." 994 S.W.2d at 179. The court found it "immaterial" that the opportunity to present evidence came before the trial court revoked appellant's probation. According to the court, "appellant had the opportunity to present evidence during the proceedings" and "that is all that is required." Id.