Avila v. State

STONE, J.,

concurring specially.

I agree that this result is compelled by applying Shelton. However, I would recede from that opinion, at least to the extent that the testimony in question is not used by the state to indicate the defendant’s guilt. Of particular concern is the context, as here, where the state uses the testimony to neutralize the impression left by cross-examination, or a defense argument, that the described behavior or evidence, or lack thereof, indicates innocence.