Presenting ''Punishment Evidence'' During Adjudication Hearing Testimony
In Pearson v. State, 994 S.W.2d 176, 178-79 (Tex.Crim.App. 1999) the defendant testified during his adjudication hearing.
During the defendant's testimony, the trial judge also spoke with the defendant and asked, "Is there anything you want to offer on your own behalf by way of allocution or arguments about what should happen on the disposition ?" Id.
During their exchange, the defendant requested that the trial court extend his probation "maybe a couple of years." Id. at 179.
Immediately after the defendant's testimony, the trial court found him guilty and imposed punishment. Id. Although a separate punishment hearing was not conducted, the Court of Criminal Appeals held that this was not necessary because the defendant had the opportunity to present punishment evidence during the adjudication proceedings. Id.
The court noted that it is immaterial whether the punishment evidence was presented before the "actual words of adjudication." Id.