Let's say you have this situation: on Day 1, Defendant pleads guilty to a felony offense, and sentencing is set for Day 10. On Day 3, the Defendant speaks to the probation officer conducting the PSI and denies guilt. The Court allows him to withdraw his guilty plea. On Day 11, at a jury trial following his withdrawal of the guilty plea, Defendant takes the stand. Can he be impeached with his prior guilty plea?
That's probably prohibited by TEX. R. EVID. 410. See Bowie v. State, 135 S.W.3d 55, 65 (Tex. Crim. App. 2004) ("not even Federal Rule 410 provides an exception for use of otherwise inadmissible statements for impeachment purposes."); Taylor v. State, 19 S.W.3d 858, 862 (Tex.App. -- Eastland 2000, pet. ref'd).
Maybe if he did something like claim that he pleads guilty when he's guilty, you could introduce his withdrawn guilty plea. Bowley v. State, 310 S.W.3d 431, 435 (Tex. Crim. App. 2010) ("By testifying that he pled guilty in the previous cases because he was guilty, then that he pled not guilty in this case because he was not guilty, Bowley invited the jury to consider his prior guilty pleas as evidence that he was innocent of the offense for which he was on trial. . . . it was permissible for the prosecutor to cross-examine Bowley by questioning the circumstances surrounding his plea in this case to establish an alternate motive for pleading not guilty-that it was the result of failed plea negotiations").
