Kelley v. State ( 2000 )

TOM GRAY, Justice,

concurring.

On the record before this court, I cannot conclude that the trial court erred by admitting certain photographs. Appellant concedes the relevancy of the photographs by acknowledging they are “somewhat probative.” His complaint relates solely to the balancing of the probative value against the danger of unfair prejudice. The substance of the photographs was already in evidence by testimony without objection. Other photographs of the victim’s body at the autopsy were also in evidence. While the probative value may have been low, given the other evidence before the jury the danger that the graphic photographs of Ramirez “covered and surrounded by blood and medical equipment” would be unfairly prejudicial is also very low. In reviewing the trial court’s balancing test determination, a reviewing court is to reverse the trial court’s judgment “rarely and only after a clear abuse of discretion.” Mozon v. State, 991 S.W.2d 841, 847 (Tex.Crim.App.1999). Thus, I cannot join the conclusion that the trial court abused its discretion in holding that the danger of unfair prejudice did not outweigh the probative value of the photographs and admitting them. Because the Court’s opinion concludes the error was harmless, an analysis with which I do agree, I join in the result.