Allen v. State

I write separately only to disagree with the majority opinion’s analysis on the admissibility of the one statement identifying the person answering the cell phone as “Dwayne.” As the majority notes above, Appellant made a hearsay objection when the State began to question Detective Al-britton about who answered the call when Albritton placed a call to a number Ken-nard’s sister had identified as belonging to Appellant.

When Appellant made his hearsay objection, the trial court removed the jury and had the State proceed without its presence to see what the witness would say. Albrit-*372ton said he…