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815 S.W.2d 333

Garrett v. State

Texas Court of Appeals, 1st District (Houston) · decided 1991-08-22

Cited by 5 later decisions — most recently September 2007

5 state decisions

Applies TX PE § 29.02

Relies on Montgomery v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-08-22

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MIRABAL, Justice,

¶1concurring.

¶2I concur, but I disagree with the majority’s conclusion, under point of error two, that the trial court erred in allowing the complainant to testify at the guilt-innocence stage about the effect of the assault on her.

¶3To prove the offense of robbery, the State had the burden to prove beyond a reasonable doubt that complainant was actually placed in fear of imminent bodily injury or death by appellant. Tex.Penal Code Ann. § 29.02 (Vernon 1989). The offense occurred in February 1990, and the trial was conducted four months later, in June 1990. In my opinion, complainant’s testimony about her paranoia and fear the day after the offense and one month later, and even that four months later when someone walks by her she gets scared because she thinks they are going to hurt her, was relevant testimony and admissible under Tex.R.Crim.Evid. 401 and 402. See Montgomery v. State, 810 S.W.2d 372 (Tex.Crim.App.1991).

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