Court of Criminal Appeals of Texas
David Lopez, Appellant v. the State of Texas
May 8, 19961996 Tex. Crim. App. LEXIS 59
Summary
The Court affirmed the Court of Appeals in part and vacated it in part, holding that the trial court erred in admitting prior misconduct evidence to impeach a false impression, while rejecting the appellant's claims of prosecutorial vindictiveness and ex post facto violation regarding the affirmative deadly‑weapon finding. The case was remanded for a harm analysis of the evidentiary error. Justice Keller dissented on the evidentiary issue, and Justices Mansfield and Keller also dissented on that point, while Justice Baird concurred without further comment.