Court of Criminal Appeals of Texas

Ricardo Moreno, Appellant v. the State of Texas

October 27, 19991999 Tex. Crim. App. LEXIS 123

Summary

The Court of Criminal Appeals affirmed the Court of Appeals’ reversal, holding that the trial court abused its discretion by admitting evidence of the defendant’s deferred adjudication to impeach his credibility because its probative value was negligible and its prejudicial effect substantial. The Court also dismissed the State’s claim that the error was preserved for appellate review. Justice Keller dissented, arguing the evidence was highly probative and the trial court acted within its discretion.