Carlos Rene Rubio, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for aggravated rape, holding that evidence of an extraneous attempted rape was admissible to rebut the defendant's defensive theory of consent and that any error in admitting that evidence was harmless. The Court also held that the indictment and the jury charge were not defective. A concurring opinion agreed with the result but expressed concern about the analytical approach to the evidentiary issue.