Nicholas v. State

OPINION ON STATE’S MOTION FOR REHEARING

ODOM, Judge.

On motion for rehearing, the State contends for the first time that appellant waived his complaint to the search when he called two witnesses, after the State had rested, who testified regarding the fruits of the search to which he had previously objected.

Prior to calling his co-defendant, Sandra Chapman, appellant preserved his objection by expressly stating to the court that he was calling said witness only to refute the matters admitted over objection and not as a waiver of his constitutional rights. Consequently, we find no waiver since…