Court of Criminal Appeals of Texas November 9, 2011, PD-0659-10 (Lucio, Pedro Ariel Zarate)

MEYERS, J.,

dissenting.

The problem with the majority opinion is that it fails to distinguish between supplemental instructions given during the guilt and sentencing phases of trial. During the sentencing portion of trial, both sides are less restrained by the Rules of Evidence and may present testimony and evidence that was likely barred during the guilt phase.