Dickey v. State

I respectfully dissent to the majority’s holding in this cause that an extraneous, collateral, and extrinsic criminal offense was admissible to rebut the appellant’s defense of alibi, which was the reason the trial court admitted it into evidence at appellant’s trial. The extraneous offense, an aggravated rape offense, had occurred almost a week before the attempted aggravated rape offense for which appellant was tried had taken place. It was totally unrelated to the State’s case in chief, and did not in any way, shape, fashion, or form disprove or rebut the appellant’s defense of alibi.…