Harris v. State, 14-87-085-CR

Decision Date06 August 1987
Docket NumberNo. 14-87-085-CR,14-87-085-CR
PartiesJerome HARRIS, Appellant, v. The STATE of Texas, Appellee. (14th Dist.)
CourtTexas Court of Appeals

Gerson D. Bloom, Galveston, for appellant.

Michael J. Guarino, Dist. Atty., Susan W. Burris, Asst. Dist. Atty., Galveston, for appellee.



CANNON, Justice.

This is an appeal from a conviction for burglary of a habitation, enhanced by one prior felony, for which the jury assessed punishment at twenty-seven years confinement in the Texas Department of Corrections. In two points of error appellant complains about admission of hearsay testimony over his objection and about oral communications between the court and the jurors. We find no reversible error and, accordingly, affirm the judgment of the court below.

In point of error one, appellant complains that the trial court communicated orally with a juror after deliberations had begun. He maintains that this communication was in direct violation of Tex.Code Crim.Proc.Ann. art. 36.27 (Vernon 1981) and, thus, constitutes reversible error. We disagree.

Article 36.27 requires that any communication between the court and the jurors be written. However, a bill of exception or an objection in the record is necessary to preserve error regarding the court's communications with the jury during its deliberations. Verret v. State, 470 S.W.2d 883, 887 (Tex.Crim.App.1971). See also Archie v. State, 615 S.W.2d 762, 765 (Tex.Crim.App.1981). Here, appellant made no objection or bill of exception to the court's oral communications with the jury. Error was not preserved. Point of error one is overruled.

In point of error two, appellant argues that the trial court improperly admitted the hearsay testimony of two witnesses, Landrus Stevens, Jr. (Stevens) and Judy Martin (Martin). He contends that the testimony did not fall within the res gestae exception to the hearsay rule. He directs this court to the following testimony by Martin:

Q. What did Mamie say when she came up to the door?

A. She asked for Landrus.

Q. Okay. But did she say anything else?

A. She said that, "Somebody run around the house with your radio," is what she said at first, and he told her, "Don't nobody have my radio," and I went, looked in the bedroom, and it was missing, and bedroom window was up, and screen was off.

* * *

Q. Okay. What else did she say about that?

A. She told him who it were. She said his name wee [sic] Gerome [sic] Harris, and she told him where he worked at, and everything.

Appellant also directs the court's attention to the following testimony by Stevens:

Q. Anything else unusual happen that night?

A. Yes. When we was having an argument, when we finished the argument, we went to the front, and some neighbors was knocking on the door to tell me someone was running away--

APPELLANT: Object to anything anyone would say they told him.

THE COURT: I would sustain the objection, except as to res gestae.

We find that appellant's objection to Stevens's testimony was sustained. He requested no further relief in the form of an instruction to disregard and a motion for mistrial. No error was preserved concerning Stevens's testimony. Rodriguez v. State, 661 S.W.2d 318, 320 ...

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7 cases
  • Valmana v. State
    • United States
    • Court of Appeals of Texas
    • 17 Julio 2020
    ...pet. ref'd) ; U.S. v. Cain , 587 F.2d 678, 681 (5th Cir. 1979) (holding that fifteen-minute lapse of time is too long); Harris v. State , 736 S.W.2d 166, 167 (Tex. App.—Houston [14th Dist.] 1987, no pet.) (holding thirty-minute lapse of time is not too long); Beauchamp v. State , 870 S.W.2d......
  • Parra v. The State Of Tex., 08-09-00059-CR
    • United States
    • Court of Appeals of Texas
    • 14 Julio 2010
    ...887 (Tex. Crim. App. 1971); Boatwright v. State, 933 S.W.2d 309, 311 (Tex. App.-Houston [14th Dist.] 1996, no pet.); Harris v. State, 736 S.W.2d 166, 166-67 (Tex. App.-Houston [14th Dist.] 1987, no pet.); Morales v. State, No. 08-06-00067-CR, 2009 WL 223446, at *6-7 (Tex. App.-El Paso Jan. ......
  • Beauchamp v. State
    • United States
    • Court of Appeals of Texas
    • 26 Enero 1994
    ...that "seems like there is a car being stripped down the street there" made immediately after seeing men stripping car); Harris v. State, 736 S.W.2d 166, 167 (Tex.App.--Houston [14th Dist.] 1987, no pet.) (statement that "somebody run around the house with your radio" made shortly after obse......
  • Castillo v. State, 11–14–00280–CR
    • United States
    • Court of Appeals of Texas
    • 13 Abril 2017
    ...1979). On the other hand, the Fourteenth Court of Appeals has found that a thirty-minute lapse of time is not too long. Harris v. State , 736 S.W.2d 166, 167 (Tex. App.–Houston [14th Dist.], no pet.). The Court of Criminal Appeals has explained that in order to fall under the present-sense-......
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