Draheim v. State

In Draheim v. State, 916 S.W.2d 593 (Tex. App.--San Antonio 1996, pet. ref'd), a panel of this court noted that the admissibility of evidence elicited on cross-examination is based upon a determination of its relevancy. Draheim, 916 S.W.2d at 598. Evidence relevant to sentencing may be admitted during the punishment phase of trial. TEX. CODE CRIM. PROC. art. 37.07, 3(a). "The focus of the punishment phase is . . . the personal responsibility and moral blameworthiness of the defendant for the crime of which he has been convicted." Draheim, 916 S.W.2d at 600. Thus, evidence "regarding the offense or the defendant, which tends to reduce a defendant's moral blameworthiness, may be received as mitigating evidence." Id.