Wheeler v. State

67 S.W.3d 879 (2002)

Dennis D. WHEELER, Appellant,

v.

The STATE of Texas.

No. 815-99.

Court of Criminal Appeals of Texas, En banc.

January 30, 2002.

Douglas M. Barlow, Beaumont, for Appellant.

Lisa Tanner, DA, Pro Tem, Matthew Paul, State's Atty., Austin, for State.

OPINION

On appeal from his conviction for aggravated sexual assault of a child, appellant contended that evidence of an extraneous sexual assault—elicited through the cross-examination of a Child Protective Services case-worker and the direct testimony of appellant's niece, S.S.—was inadmissible. The Court of Appeals agreed and reversed the…