Celeste v. State

In Celeste v. State, 805 S.W.2d 579 (Tex. App.-Tyler, no pet.), after the defendant denied allegations of sexual assault on direct examination, the State asked him why the complainant would tell such a story. Celeste, 805 S.W.2d at 579-80. The defendant testified he believed he had been set up. Over the defendant's objection, the State then called a rebuttal witness to recount several acts of sexual assault against him by the defendant. Id. at 580. Observing that the State may not first extract a defensive theory from the accused on cross-examination and then proceed to rebut it, the court of appeals held the trial court erred in admitting the extraneous acts. Id.