KELLER, J., delivered a dissenting opinion in which McCORMICK, P.J. and KEASLER, J. joined. The punishment phase of a noncapital trial involves the consideration of two different types of facts. The first type involves those that impact the factfinder’s normative response to the defendant. For example, in considering punishment, the factfinder might consider extraneous offenses, the defendant’s ability to fol…
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