concurring in part and dissenting in part.
As the plurality details, we granted a single ground for review from each of the State’s and appellant’s petitions. The State’s ground questions the First Court of Appeals’ ruling regarding the admissibility of psychiatric testimony at punishment to rebut appellant’s contention that she was a suitable candidate for probation. Appellant’s ground contends that the court of appeals’ remanding for a new trial solely on the issue of punishment violates the ex post facto clause of the United States Constitution. I agree with the result of the plurality’s disposition of appellant’s ground, but disagree with the disposition on the State’s ground.
Appellant’s ex post facto claim has recently been addressed and decided adversely to his position. See Grimes v. State, 807 S.W.2d 582 (Tex.Cr.App. 1991). Therefore that ground should be overruled. Because the plurality’s dismissal thereof has the same effect, I concur with said action. See page 344, note 2. However, I disagree with the plurality’s disposition on the State’s ground.
As the plurality describes, at punishment seven witnesses, including the complainant himself, testified for appellant. They each testified without objection by responding affirmatively when asked if they felt that appellant would be a good candidate for probation and would or could follow the rules of probation. Over objection appellant requested that the jury “give [her] probation.” She then responded affirmatively when asked if she could follow the terms and conditions of probation. Then she was asked specifically about whether she could follow several particular terms and conditions, such as not committing a felony against the laws of Texas or the United States, avoiding injurious and vicious habits, performing community service, and continuing to work and support her family. She again responded affirmatively to those specific questions.
The State proceeded to call in rebuttal a psychiatric expert. The jury was recessed and the State presented testimony qualifying the psychiatrist as an expert. At that time appellant objected to allowing the psychiatrist to testify before the jury because he had never examined her and was basing his opinions upon hearsay, and upon reviewing a presentence investigation report which was not before the jury and documents of questionable accuracy. The trial court overruled the objection and allowed the psychiatrist to testify before the jury. The psychiatrist then testified in some detail about abused/battered wife/women situations and typical characteristics thereof. He did not feel that appellant fit the typical profile of such an abused/battered woman. He further opined that appellant and the complainant appeared to be involved in a classical love-hate pathological relationship. He finally concluded that in his opinion appellant would not be a suitable candidate for probation. Appellant did not object to the relevancy or prejudicial effect of any of that testimony. At one point when the psychiatrist was first asked about probation suitability, appellant objected solely to the narrative answer.1 The State then withdrew and rephrased that particular question and the trial court instructed the psychiatrist to not volunteer information in responding. The psychiatrist then further testified, without objection, about his view that appellant was unsuitable for probation. He was even specifically asked “to elaborate on why [he] came to that conclusion” without any objection from appellant.
Though I think that very very rarely, if ever, is an expert's “specialized knowledge” about probation suitability going to *350be particularly useful in assisting the trier of fact to determine a fact in issue per Rule 702 of the Texas Rules of Criminal Evidence, in this instance I believe that appellant “open[ed] the door” to such testimony being admitted into evidence by presenting her witnesses to testify about such as described above. See page 346; Griffin v. State, 787 S.W.2d 63, 67 (Tex.Cr.App.1990); Murphy v. State, 777 S.W.2d 44, 67 (Tex. Cr.App.1988) (Opinion on Rehearing). Thus such evidence was admissible at trial in response to appellant’s “opening] the door” thereto.
Appellant’s point of error below dealing with the psychiatrist’s testimony simply challenged said testimony with respect to probation suitability. No mention was made about the abused/battered wife/women testimony.2 The court of appeals’ decision was thus not based upon the admissibility of such testimony. Ortiz v. State, 781 S.W.2d 399 (Tex.App.—Houston [1st Dist.] 1989). It simply concluded that the psychiatric testimony about probation suitability was erroneously admitted and that such error was not harmless.3 Id. Thus, there is no decision for this Court to review regarding the admissibility of the abused/battered wife/women testimony.
Therefore the court of appeals’ determination that the probation suitability testimony was erroneously admitted should be reversed because the evidence was admissible as a response to appellant opening the door to such. Because the plurality does not do so I respectfully dissent to remanding the cause for further consideration.4
. Actually, appellant’s "objection" was an interjection of, “Excuse me, your honor. Would he just answer the question instead of giving us a narrative?”
. The point of error stated: "The trial court erred in permitting, over defense counsel’s objection, state’s witness [the psychiatrist] to testify that the appellant was not a suitable candidate for probation." (Emphasis added.) Her argument and authorities discussed such claim without challenging the abused/battered wife/women portion of the psychiatrist’s testimony.
. It specifically held that "it was error for the trial court to permit the State to present an expert to testify that appellant was not a suitable candidate for probation" and that ”[a]fter reviewing all the evidence, [it] [could] not say that the error was harmless.” Ortiz v. State, 781 S.W.2d at 403.
.I also observe that the indictment alleges that the instant offense occurred on or about June 14,1985. The record also reflects that appellant was convicted and sentenced in February of 1987. Appellant filed a third notice of appeal on May 6, 1987. This cause has been in various stages of appellate orbit ever since.