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Help support the publication of case reports on MoreLawDate: 04-20-2019 Case Style: Sheldon Lee Bramblett v. The State of TexasCase Number: 07-18-00271-CR Judge: Per Curiam Court: Court of Appeals Seventh District of Texas at Amarillo Plaintiff's Attorney: Justin Rippy Defendant's Attorney: Joel Cook Description:   Sheldon Lee Bramblett, appellant, appeals his conviction for evading arrest and its ensuing seven-year prison sentence. His sole issue concerns the admission into evidence of the 9-1-1 call that instigated the charges. Appellant objected to the admission of the tape on the ground that its prejudicial effect substantially outweighed its probative value. The objection was overruled. Before us, he reiterates his Texas Rule of Evidence 403 complaint and argues that the trial court erred in admitting it because it was overly prejudicial and posed the risk of swaying the jury to convict due to the information 2 captured on the recording. That information consisted of the caller accusing appellant “of beating her up and breaking into her house,” “beating her with a metal rod,” “assaulting her by grabbing or pulling her hair,” and threatening to kill her. The caller was appellant’s mother aged 58 or 59. We overrule the issue. Evidence akin to that in the recording had been admitted previously without objection. It included allusions to the appellant being the victim’s son, appellant forcibly entering the house, appellant assaulting his mother, appellant dragging his mother, and appellant’s mother displaying marks consistent with an assault. This evidence being similar to that encompassed within the 9-1-1 call, we conclude that any purported error in admitting the recording was waived or rendered harmless. See Webb v. State, 557 S.W.3d 690, 698 (Tex. App.—Texarkana 2018, pet. ref’d) (stating that a party waives error concerning the admission of evidence if the same or substantially similar evidence has been previously admitted in the proceeding without objection); Lamerand v. State, 540 S.W.3d 252, 259 (Tex. App.—San Antonio 2018, pet. ref’d) (stating that the improper admission of evidence is rendered harmless when the same or similar evidence is admitted elsewhere without objection).1 Outcome: The judgment is affirmed. Plaintiff's Experts: Defendant's Experts: Comments: |
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