Venable v. State

OPINION

After trial by jury, David Venable was convicted of the murder of Mark Jimijo Neese, Tex. Pen.Code Ann. § 19.02 (Vernon 2003), and was sentenced by the judge to a term of forty (40) years in the Texas Department of Criminal Justice, Institutional Division. On appeal, Appellant does not challenge the sufficiency of the evidence supporting his conviction. He raises a single issue, to wit:

Whether the trial court erred in admitting business records as an exception to hearsay under Rule of Evidence 902(10) where the document accompanying the records was not an “affidavit” as prescribed by…