Torres v. State

OPINION

in which MEYERS, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Under Tate v. State, 981 S.W.2d 189, 198 (Tex.Crim.App.1998), a defendant claiming self-defense may introduce a deceased’s specific acts to show that the deceased was the first aggressor, but the specific acts must be relevant apart from their tendency to show character conformity. Here, the trial court excluded evidence that, two days before the killing, the deceased, Franklin Valdez (Valdez), entered Diane Espinosa’s (Diane) apartment through a window and threatened her and her children. Because this…