Gary Lee Avant v. State

OPINION

Opinion by:

Patricia 0. Alvarez, Justice

Appellant Gary Lee Avant was found guilty of one count of assault causing bodily injury to an elderly individual, specifically his mother, Mrs. Vada Avant. The jury assessed punishment at eight-years’ confinement in the Institutional Division of the Texas Department of Criminal Justice. On appeal, Gary contends the trial court erred in allowing Mrs. Avant’s daughter to testify regarding statements made by Mrs. Avant. Gary argues that because the statements were testimonial in nature, they violated his Sixth Amendment right.to confront Mrs. Avant.…