Opinion

Thomas v. State

  • 807 S.W.2d 786
  • 1991 WL 18290
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 21, 1991
Status
Published
On the bench
Hughes, Bass, O'Connor
Cited by
22 cases

officer and chemist observed cocaine residue visible to the naked eye

How later courts described this case

  • officer and chemist observed cocaine residue visible to the naked eye
  • "If the controlled substance can be seen and measured, we conclude that the amount is sufficient to establish that the defendant knew it was a controlled substance," citing Shults v. State, supra, note 1, ante
  • PCP residue found in glass vial in defendant’s jacket pocket
  • defendant possessed cocaine on his person

Written by the judges who cited it.

The opinion

OPINION ON SECOND MOTION FOR REHEARING

The State has filed a second motion for rehearing, or alternatively, a motion for rehearing en banc, Tex.R.App.P. 79(d), (e), and a motion for postsubmission supplementation and correction of the statement of facts. We overrule the motions for rehearing en banc and for postsubmission supplementation.

In its second motion for rehearing, the State raises three points of error: that Tex.R.Crim.Evid. 803(6) applied; that error was not preserved; and- that error was harmless. Our opinion addresses why State’s exhibit number two should not have been admitted as a business record exception to the hearsay rule and why admission could not be harmless error.

Appellant preserved his objection to the admission of State’s exhibit number two by arguing that it constituted hearsay. The whole submission form constituted hearsay because it was not a business record, and the indicia of reliability necessary for its admission was not shown. Sisson, 561 S.W.2d at 199; Coulter, 494 S.W.2d at 883.

We overrule the State’s second motion for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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