Opinion
10-20-00062-CR
02-23-2022
DYLAN JOHN HART, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish
From the 52nd District Court Coryell County, Texas Trial Court No. 19-25560
Before Chief Justice Gray, Justice Johnson, and Justice Smith
MEMORANDUM OPINION
TOM GRAY CHIEF JUSTICE
Dylan John Hart was convicted of sexual assault of a child younger than seventeen and sentenced to 10 years in prison. See Tex. Penal Code §22.011 (a)(2). Because Hart's issue is not preserved, we affirm the trial court's judgment.
In his sole issue on appeal, Hart contends the trial court erred in allowing the State to present evidence of Hart's character during the guilt/innocence phase of the trial in violation of Texas Rule of Evidence 404(b)(1), (2). Hart failed to object on this basis in the trial court. Rather, at trial, Hart objected to the testimony as being inherently prejudicial, a Rule 403 objection. Tex. R. Evid. 403 ("The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice…."). In his brief, although Hart mentions Rule 403, he concluded his argument by specifically maintaining that the testimony "concerning [Hart] and the young man in the bar went only to [Hart's] character and did not ma[ke] more probable that he committed the offense for which he was on trial[, ]" a mixture of Rules 404(b) and 401. Tex. R. Evid. 404(b); 401.
The testimony at issue centered around an incident where Hart brought a young man, not the victim in the underlying case, to a bar and a friend of Hart's told Hart that the young man was in high school and warned Hart about "hanging out with a kid, especially in a bar."
Accordingly, Hart's argument on appeal does not comport with the objection made at trial, and this issue is not preserved for our review. See Lovill v. State, 319 S.W.3d 687, 691-92 (Tex. Crim. App. 2009); Pena v. State, 285 S.W.3d 459, 464 (Tex. Crim. App. 2009).
Hart's sole issue is overruled and the trial court's judgment is affirmed.
Affirmed.