Hector Rene Galvez v. State

IN THE

TENTH COURT OF APPEALS

No. 10-06-00332-CR

Hector Rene Galvez,

Appellant

v.

The State of Texas,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2005-1483-C

DISSENTING Opinion

If it was not clear from Newton[1], it should be clear from this appeal; the courts of appeals are split on what constitutes proper extraneous offense evidence to rebut a defensive theory. In this case, the majority determines that extraneous offense evidence is admissible to rebut a “frame-up” defense, but not admissible to rebut a “fabrication” defense. In doing so, it expressly rejects what I…