Roberts, Charles ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1672-15
CHARLES ROBERTS, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY
Per curiam.
OPINION
Appellant was convicted of murder and sentenced to fifty years’ imprisonment. In the
first issue on appeal, Appellant claimed that the trial court erroneously admitted evidence of
a prior misdemeanor conviction because it was not a crime of moral turpitude and because
the evidence was more prejudicial than probative. The court of appeals affirmed, holding
that Appellant had not preserved the issue of whether the prior conviction was a crime of
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moral turpitude because he did make such an objection to the trial court. Appellant’s only
objection asserted that the evidence of the assault was more prejudicial than probative.
Roberts v. State, No. 14-14-00874-CR (Tex. App.–Houston [14th Dist.], December 17,
2015). Appellant petitioned this Court for discretionary review.
Appellant contends that the court of appeals did not address every issue that he raised
on appeal, as required by Light v. State, 15 S.W.3d 104, 105 (Tex. Crim. App. 2000).
Appellant’s brief on appeal argued that the prior offense was improperly admitted because
it was not a crime of moral turpitude, and in the alternative, that it was improperly admitted
because it was more prejudicial than probative. The court of appeals did not address the
latter claim.
Therefore, we vacate the judgment of the Court of Appeals and remand for that court
to consider Appellant’s alternative argument which was presented as part of his first issue
on appeal.
Delivered: April 13, 2016
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