WINEGARNER v. STATE

No. 05-04-00849-CR.

188 S.W.3d 379 (2006)

Peter David WINEGARNER, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

March 22, 2006.


Attorney(s) appearing for the Case

Thomas G. Pappas, Michael P. Gibson, Burleson Pate & Gibson, LLP, Dallas, for Appellant.

William T. (Bill) Hill, Jr., Criminal District Atty., Marisa P. Elmore, Asst. District Atty., Dallas, for State.

Before Justices FITZGERALD, LANGMIERS, and MAZZANT.


OPINION

Opinion by Justice FITZGERALD.

This is a family violence case. The appeal is limited to a single evidentiary issue: whether the trial court correctly excluded evidence proffered by appellant to impeach the complaining witness, his wife. We conclude the trial court erroneously excluded the impeachment evidence and appellant was harmed by the exclusion. Accordingly, we reverse the trial court's judgment and remand this cause for a new trial.

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