Allen v. State (1997)
In Allen v. State, 951 S.W.2d 925 (Tex. App.-San Antonio 1997, pet. ref'd), during the punishment phase of trial, the State admitted into evidence, without objection, certified copies of judgments naming Allen as the defendant in two prior convictions.
While several witnesses testified about Allen's character, there was no testimony that he was the same individual as the person previously convicted.
After the jury returned its verdict, the State moved to cumulate the sentence in the case with the sentences in the prior cases. Allen opposed the motion, but stated there was no legal reason why sentence could not be imposed.
The trial court ordered the sentences cumulated. 951 S.W.2d 928.
The Court determined that the defendant was not sufficiently identified, and the trial court abused its discretion in granting the cumulation order. Id.