Martin v. State

OPINION

STEVE McKEITHEN, Chief Justice.

The State charged Brian Douglas Martin with intentionally or knowingly causing penetration of the female sexual organ of “Susie Smith” with Martin’s male sexual organ “without the consent” of “Susie Smith.” 1 Over Martin’s objections, the trial court admitted rebuttal evidence offered by the State that Martin had sexually assaulted another woman approximately three months prior to the commission of the instant offense. The pertinent facts of the case are not disputed. Martin testified in his defense and admitted that he and Ms. Smith engaged in sexual…