Esquivel v. State

OPINION

Appellant Esquivel was convicted of the infamous crime against nature after a jury trial. The primary issue presented at the jury trial was appellant’s credibility. This issue was particularly important since appellant predicated his sole defense on his testimony of the consent of the alleged victim who gave the only testimonial evidence against the defendant. The prosecution, however, impeached Esquivel, over defense objections, with statements Esquivel had made to a psychiatrist during a court-ordered mental examination. We believe that admission of these statements was error as a…