Rogers v. State

In Rogers v. State, 991 S.W.2d 263 (Tex. Crim. App. 1999) the Court addressed the issue of whether the number of years that a defendant was assessed for prior convictions was relevant evidence at the punishment stage of a trial. The State in Rogers introduced three penitentiary packets (pen packets) as permitted by article 37.07 3(a) in order to prove the appellant's prior robbery convictions. The pen packets contained the length of the punishment that was assessed in each case. The appellant objected to the introduction of the sentences, arguing that they were irrelevant under Texas Rule of Criminal Evidence 401. Rogers, 991 S.W.2d at 264. The Court granted the appellant's petition for discretionary review to determine, among other things, "whether the number of years a defendant was assessed in a prior conviction is relevant evidence at punishment under Texas Rule of Criminal Evidence 401." Id. at 265. The Court noted that while Rule 401 is helpful to determining what should be admissible under article 37.07 3(a), it is not a "perfect fit" in the punishment context. Rather, the Court explained that determining what is relevant "should be a question of what is helpful to the jury in determining the appropriate sentence for a particular defendant in a particular case." Id. Moreover, the Court noted that although there is no definition of the term "criminal record" in the statute, it is reasonable that the term would include sentences that the courts assessed for prior convictions. Id. Accordingly, the Court held that sentences assessed for prior convictions are relevant in the context of a jury's decision on punishment. Id. at 266.