Powell v. State

JOHNSON, J.,

filed a concurring opinion.

I agree that appellant’s defensive theory was raised during appellant’s cross-examination of the complainant and, therefore, concur in the result reached by the majority. I write separately to address the issue regarding opening statements. The majority claims that Perry v. State, 933 S.W.2d 249 (Tex.App. — Corpus Christi 1996, pet. ref'd) did not decide that an opening statement cannot open the door to the admission of extraneous offense evidence and that nothing in Montgomery v. State, 810 S.W.2d 372 (Tex.Crim.App.1990), indicates that its…