CONCURRING OPINION ON STATE’S MOTION FOR REHEARING
MORRISON, Judge.It appears from the State’s motion for rehearing that they have misconstrued the majority opinion. It should be noted that we said, “We need go no further than this point to dispose of this case.”
While I agree with the result reached by Brother Woodley, I would not gratuitously castigate the Legislature, and I do not agree with him that they should amend the Code which they so recently enacted. The interpretation we here give the same renders any amendment unnecessary.
I would, however, call attention, which he has failed to do, to Sec. (f) of Article 37.07, V.A.C.C.P. which reads: “Nothing herein shall be construed as affecting the admissibility of extraneous offenses on the question of guilt or innocence.”
We are here holding, as I see it, that where a plea of guilty is before the jury there is no reason or necessity for a separate trial as to punishment, and the trial court should proceed in an orderly manner, hearing both the evidence as to accused’s guilt of the primary offense and evidence to his prior criminal record, his general reputation and character, but not receive evidence of extraneous offenses unless they form a part of his prior criminal record.
I agree that the State’s motion should be overruled.