Spencer v. State

OPINION

LESLIE BROCK YATES, Justice.

Appellant Randall Bruce Spencer appeals from his conviction for the domestic assault of Michelle O’Mealey. O’Mealey did not testify at trial, but the trial court allowed two peace officers who responded to the scene after O’Mealey called 911 to testify that O’Mealey told them appellant had hit her. Appellant contends this ruling deprived him of his right to confront witnesses against him under the Sixth and Fourteenth Amendments to the United States Constitution. Because we conclude that O’Mealey’s statements to the officers were not “testimonial,” we affirm.