Espinoza v. State

The sole issue raised on appeal is whether the trial court erroneously precluded the appellant, Moisés Espinoza, from attacking the victim’s credibility with previous statements made by the victim during a pre-trial deposition. Because, at trial, defense counsel did not elicit testimony from the victim that was truly inconsistent with the earlier deposition testimony, the proper foundation necessary as to that method of impeachment was not laid. We affirm.

Espinoza was charged with two counts of sexual battery on a child under 12 years of age. At trial, the victim testified about three…