Cook v. State

OPINION

JANE BLAND, Justice.

A jury convicted appellant, Neil Andrew Cook, of driving while intoxicated and assessed punishment at 365 days in jail. 1 On appeal, Cook contends the trial court erred in admitting into evidence a tape of the 911 call made by a witness because (1) it violated the Confrontation Clause, and (2) it was hearsay. We follow the precedent of the United States Supreme Court in Davis v. Washington 2 , and therefore affirm.

Facts

In September 2004, while driving on Barker-Cypress Road, Lonnie Gautreau observed Cook gesture obscenely and throw a beer bottle at his truck.…