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Cabrera v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 30, 2006
No. 05-05-00450-CR (Tex. App. Jan. 30, 2006)

Opinion

No. 05-05-00450-CR

Opinion issued January 30, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F03-27742-VI. Affirmed.

Before Justices MORRIS, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


A jury convicted Julian Luis Cabrera of murder. He now complains in a single point of error that the trial court erred in admitting into evidence testimony about his gang affiliation. Concluding appellant's complaint is without merit, we affirm the trial court's judgment. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. During the punishment phase of appellant's trial, a police officer testified that appellant was a member of a gang, the Eastside Homeboys. At that time, defense counsel objected to the testimony on the basis of hearsay. The trial court overruled the objection. Now, in appellant's sole point of error on appeal, he contends the trial court "erred in admitting hearsay evidence that [he] was a member of the Eastside Homeboys over [his] timely objection." Although appellant frames his appellate complaint as involving an improper admission of hearsay testimony, his argument on appeal is limited to the testimony's relevance. Relying on the opinion of Beasley v. State, 902 S.W.2d 452 (Tex.Crim.App. 1995), which discusses the relevancy of gang affiliation testimony at punishment, appellant specifically complains the evidence of his gang membership was inadmissible at trial because the State failed to establish he actually was a gang member. See id. at 456-57. This complaint does not comport with his hearsay objection at trial. Accordingly, his complaint on appeal is waived. See Tex.R.App.P. 33.1(a). Moreover, to the extent appellant is attempting to complain of the hearsay nature of the testimony, because he provides no argument or authority with respect to this issue, his complaint is inadequately briefed. See Tex.R.App.P. 38.1(h). We overrule appellant's sole point of error. We affirm the trial court's judgment.


Summaries of

Cabrera v. State

Court of Appeals of Texas, Fifth District, Dallas
Jan 30, 2006
No. 05-05-00450-CR (Tex. App. Jan. 30, 2006)
Case details for

Cabrera v. State

Case Details

Full title:JULIAN LUIS CABRERA, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jan 30, 2006

Citations

No. 05-05-00450-CR (Tex. App. Jan. 30, 2006)