Roy v. State

I dissent. While I agree with the majority’s disposition of points of error three and ten that the admission of the uncertified *544pen packets was error, I would also sustain appellant’s seventh point of error.

The majority holds that it was not error for the trial court to admit the hearsay testimony that the Dallas County Residential Center was a penal institution. I disagree. Hearsay is hearsay. In its hopscotch efforts to find the testimony admissible, the majority fabricates a basis for the evidentiary leap the State failed to make at trial. I cannot agree.

DEFINITIONS

We must first return to…