Gillenwaters v. State

in which KELLER, P.J., and MEYERS, PRICE, WOMACK, JOHNSON, and COCHRAN, JJ., joined.

The Third Court of Appeals held that it “need not consider” whether the telephone harassment statute had been unconstitutionally applied to appellant because he had “failed to preserve this objection for appellate consideration by raising the issue at trial.” Gillenwaters v. State, No. 03-04-00077-CR, 2005 WL 1650902 (Tex.App.-Austin, July 13, 2005), slip op. at 12 (not designated for publication). We reverse and remand.

The relevant facts, as reflected in the case record, are as follows. In March 2003,…