Lester Boutwell, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the judgment of the intermediate court in the sexual abuse conviction (Cause No. 711) because the trial court erred in admitting extraneous offense evidence and the appellate court misdefined the statutory "promiscuity" defense, but affirmed the convictions and sentences in Causes No. 712 and 713. The Court also held that the appellate court’s reliance on prior cases to admit extraneous offenses was erroneous and that the "promiscuity" defense remains unavailable to a male defendant under the statute. Justice Teague, and Judges Clinton and Miller filed concurring opinions noting procedural and doctrinal concerns.