In Re Commitment of Lester Winkle

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OPINION

A jury found beyond a reasonable doubt that Lester Winkle suffers from a behavioral abnormality that predisposes him to engage in a predatory act of sexual violence. The trial court committed Winkle to outpatient treatment as a sexually violent predator. See Tex. Health & Safety Code Ann. § 841.081 (West 2010). On appeal, we hold that the trial court erred in excluding the testimony of Winkle’s sole expert witness. Accordingly, we reverse the order of commitment and remand the case to the trial court for a new trial.

Winkle contends in issue two that the trial court erred by excluding his sole expert witness from testifying at trial on the basis of his supposed disbelief in the existence of “behavioral abnormality.” “A trial court abuses its discretion in excluding expert testimony if the testimony is relevant to the issues in the case and is based on a reliable foundation.” State v. Cent. Expressway Sign Assocs., 302 S.W.3d 866, 870 (Tex. 2009). In this case, the State filed a pre-trial motion to exclude the testimony of forensic psychiatrist John Tennison pursuant to Rules 402 and 702 of the Texas Rules of Evidence, which the trial court granted after an oral hearing. See Tex. R. Evid. 402 (“All relevant evidence is admissible, except as otherwise provided by Constitution, by statute, by these rules, or by other rules prescribed pursuant to statutory authority. Evidence which is not relevant is inadmissible.”); see also Tex R. Evid. 702 (“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.”).

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