Austin v. State

I believe the trial court erroneously admitted in evidence the officer’s opinion testimony. The testimony supplies, in the majority’s view, a link between Austin’s agreement for sexual intercourse and the $130 fee paid by the officer. Without the officer’s opinion that the words “Swedish Deep Muscle Rub” implied “prostitution,” no such link was established under the majority’s reasoning. Hence the error was harmful. Whether or not the officer’s opinion was properly in evidence, however, I believe the evidence insufficient to establish two essential elements of the offense: that Austin…