Jose Antonio Bautista v. State of Texas

Evidence of prior inconsistent statements of a witness who has testified may be offered to impeach that witness’s credibility. Tex.R. Evid. 613(a); See Flores v. State, 48 S.W.3d 397, 404 (Tex.App.-Waco 2001, pet. ref'd) (citing Ramirez v. State, 987 S.W.2d 938, 944 (Tex.App.-Austin 1999, no pet.)). When the prior statement is not offered as primary evidence but to impeach the witness’ credibility, it is not hearsay. See Flores, 48 S.W.3d at 404. Thus, the admissibility of a prior inconsistent statements to impeach does not depend upon an exception to hearsay. See id.

*323However, as a predicate,…