Andrade v. State

I respectfully disagree with the majority’s analysis of the third issue in which appellant complains the trial court erred by denying him the opportunity to make offers of proof.

Offers of Proof

Texas Rule of Evidence 103(b) provides in relevant part that an “offering party shall, as soon as practicable, but before the court’s charge is read to the jury, be allowed to make, in the absence of the jury, its offer of proof.” TEX. R. EVID. 103(b). The right to make an offer of proof is absolute and the trial court does not have discretion to deny a request to make an offer of proof. See Spence v.…