# Clinard v. State

> Court of Criminal Appeals of Texas · March 23, 1977 · 548 S.W.2d 716

URL: https://www.frixlaw.com/law-library/cases/9640982

## Case

- **Full name:** Tommy Earl CLINARD, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 23, 1977
- **Citations:** 548 S.W.2d 716; 1977 Tex. Crim. App. LEXIS 1034
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Phillips, Onion, Douglas, Roberts, Odom
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9640982

## Opinion text

ROBERTS, Judge,
dissenting.
The majority reverses this conviction because the trial court admitted in evidence a police officer’s testimony that the appellant refused an offer to take a blood test. Although I agree that the alleged error was properly preserved, see Saunders v. State, 172 Tex.Cr.R. 17 , 353 S.W.2d 419 (1962), I cannot agree that the admission of the testimony was error. I would affirm.
I would hold that neither the Fifth Amendment to the United States Constitution, nor Article I, Section 10, of the Texas Constitution, nor Article 38.22 of the Texas Code of Criminal Procedure prohibits the admission of such evidence. See my dissenting opinion in Dudley v. State, 548 S.W.2d 706 (Tex.Cr.App.1977), decided this day.
The judgment should be affirmed.
ODOM, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9640982. Public record. Not legal advice.