Brown v. State (1998)

In Brown v. State, 974 S.W.2d 289 (Tex. App.--San Antonio 1998, pet. ref'd), trial counsel opened the door, elicited, and failed to object to extraneous offense evidence that appellant "used cocaine on a regular basis, drank to excess, and was promiscuous." Brown, 974 S.W.2d at 293. The court of appeals held that trial counsel's opening the door to and elicitation of this extraneous offense evidence constituted ineffective assistance of counsel. Id. at 294-95.