Cole v. State ( 1982 )

BRETT, Presiding Judge,

specially concurring:

Although the opinion states that the appellant does not argue that the evidence of other crimes was improperly admitted, that is the exact issue he raises in his third proposition. And, although the opinion states that such an argument would be futile because he did not object, that is not a statement with which I can concur. Rather, I would say that unobjected to evidence of other crimes needs to be examined by this Court, and that we must balance the capacity of the erroneous evidence to prejudice against the weight of the properly admitted evidence of guilt. Furthermore, the opinion declares that the evidence of other crimes is only apparent by a careful reading of the remarks. I cannot agree that the evidence of the appellant’s alleged past, present, and future crimes is quite that slight, but I can agree with the result. I have carefully examined this unobjected to evidence and agree with the opinion that the error was harmless.