Jose Louis Nieto v. State

CONCURRING OPINION No. 04-97-00866-CR Jose Louis NIETO, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-1248 Honorable Sharon MacRae, Judge Presiding

Opinion by: John F. Onion, Jr., Justice

Concurring opinion by: Tom Rickhoff, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

John F. Onion, Jr., Justice

Delivered and Filed: September 22, 1999

In this case, there was evidence that appellant fired a .45 caliber round at a truck in a bar parking lot. After a high-speed chase, appellant was found to have a .380 bullet in his pocket. A .380 handgun and a bag of marihuana were in his vehicle. I agree with the majority that appellant failed to preserve his complaint about the admission of the .380 bullet and that the admission of the bullet was in any event harmless. I write separately to reiterate that "at times character evidence is the most relevant evidence." Tamez v. State, 980 S.W.2d 845, 849 (Tex. App.--San Antonio 1998, pet. granted) (Rickhoff, J., concurring).

I believe the bullet, handgun, and bag of marihuana are all as relevant as evidence of the high-speed chase and appellant's violent, verbally abusive, and intoxicated condition that evening. Our juries are not likely to be misled by evidence that appellant was well-prepared for an evening such as this.

Tom Rickhoff, Justice

DO NOT PUBLISH