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972 S.W.2d 779

Zayas v. State

Texas Court of Appeals, 13th District

Decided September 16, 1998

Texas Court of Appeals, 13th District · decided 1998-09-16

Relies on Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-09-16

How this case has been cited

Cited by 14 later decisions — most recently April 2012

14 state decisions

100199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SEERDEN, Chief Justice,

¶1concurring.

¶2I concur in the majority’s disposition of this ease.

¶3However, without agreeing or disagreeing with the majority’s discussion, reasoning or holdings with respect to points of error two and three, I would simply hold that even if the matters complained of were errors, without deciding if there were errors, they were *793harmless. The other evidence of appellant’s guilt was overwhelming without the photographs or appellant’s statement.

¶4Alvarez testified that he witnessed appellant carrying items from the home of his neighbor to his [appellant’s] car, parked in plain view on a public street. Hutchins, the homeowner, testified and identified the items in appellant’s car as those taken from his home, and stated further that he had not given consent or authority for appellant to enter the home or take any such items. The responding officer testified that he observed the stolen items, including a YCR, in appellant’s automobile, and that, after investigating the house where the reported burglary occurred, he noticed the back door ajar and loose television wires.

¶5From this evidence alone, I believe we can properly determine, beyond a reasonable doubt, that any error in admitting the photographs and appellant’s statement did not contribute to appellant’s conviction, and as such, must be considered harmless. Tex. R.App.P. 44.1(a); Brown v. State, 960 S.W.2d 265, 271-72 (Tex.App.-Corpus Christi 1997, no pet. h.) (wrongful admission of appellant’s statement deemed harmless).

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