# Harris v. State

> Texas Court of Appeals, 1st District (Houston) · October 13, 1982 · 638 S.W.2d 914

URL: https://www.frixlaw.com/law-library/cases/9774021

## Case

- **Full name:** Ivory Renard HARRIS, Appellant, v. STATE of Texas, Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** October 13, 1982
- **Citations:** 638 S.W.2d 914
- **Precedential status:** Published
- **Opinion:** On rehearing by Bass
- **Judges:** Bass, Smith, Dyess
- **Cited by:** 3 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/9774021

## Opinion text

*920 Opinion on Motion for Rehearing
BASS, Justice.
Appellee’s motion for rehearing addresses the point concerning “the xeroxed copy of the appellant’s pen packet (Sx-2) was not authenticated under the provisions of Article 3731 (Section 4, Tex.Rev.Civ.Stat.Ann.), and a proper predicate was not laid for the admission of this copy to prove the enhancement portion of the indictment.”
The record on appeal did not have Sx-2 forwarded to the Court of Appeals. The testimony of the officer stated that Sx-2 was a xeroxed or photocopy, and was not an original. Since the filing of the Motion for Rehearing by the appellee the exhibit (Sx-2) has been delivered to the Court of Appeals.
The pen packet (Sx-2) has the original certification from the proper officer and the xeroxed copies of the judgment, sentence, fingerprints and photographs, attached thereto and made a part thereof, are now properly before the Court of Appeals.
The proper predicate has been and was properly laid in the trial court pursuant to Article 3731a (Section 4, Tex.Rev.Civ.Stat. Ann.).
The appellee’s motion for rehearing is granted and the appellant’s motion is denied. This court’s former judgment of April 22, 1982 is vacated, set aside and annulled.
The judgment of the trial court is affirmed.
/s/ Sam Bass
Associate Justice
DYESS and SMITH, JJ., not participating.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9774021. Public record. Not legal advice.