Chitwood v. State, 350 S.W.3d 746

Appellant Robert Allen Chitwood was convicted of aggravated sexual assault and indecency with a child; victims were under fourteen and the conduct included sexual intercourse.
The alleged incidents involved two female victims who testified inconsistently about an additional aggravated sexual assault involving another male.
The State introduced extraneous acts to explain the reason for parole revocation; Rule 404(a) and 609 issues were raised on appeal.
Chitwood impeached with a 1993 conviction more than ten years old; Rule 609(b) balancing consideration was invoked.
Texas Court of Appeals (Amarillo, Panel B) affirmed the trial court’s judgments on all issues; opinion dated September 6, 2011.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Rule 412 exception for prior sexual conduct	Chitwood argues 412 allows cross-exam to show bias	State contends evidence not satisfying 412(b)(2)-(3) criteria	Issue overruled; denial upheld.
Extraneous offenses to explain parole revocation	Extraneous acts admissible to explain motive/credibility	Not preserved or properly framed under 404/609	Overruled; admission sustaining credibility rationale.
Impeachment with old conviction (over ten years)	Old conviction admissible under 609 balancing	Court presumed balancing but appellant failed to show error	Affirmed; balancing found or presumed to favor admission.

Irby v. State, 327 S.W.3d 138 (Tex. Crim. App. 2010) (abuse of discretion standard for evidentiary rulings)
Walters v. State, 247 S.W.3d 204 (Tex. Crim. App. 2007) (Rule 412 balancing and admissibility guidance)
Hammer v. State, 296 S.W.3d 555 (Tex. Crim. App. 2009) (caution on sparing use of Rule 403/412 in credibility issues)
Heidelberg v. State, 144 S.W.3d 535 (Tex. Crim. App. 2004) (preservation and notice requirements; Rule 404/609 considerations)
Bryant v. State, 997 S.W.2d 673 (Tex.App.-Texarkana 1999) (implied balancing test under Rule 609 not always explicit)