Huey Collins v. The State of Texas Appeal from Criminal District Court No. 4 of Tarrant County (concurring memorandum opinion )
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00146-CR HUEY COLLINS APPELLANT V. THE STATE OF TEXAS STATE ---------- FROM CRIMINAL DISTRICT COURT NO. 4 OF TARRANT COUNTY TRIAL COURT NO. 1435521R ---------- CONCURRING MEMORANDUM OPINION1 ---------In his third point, Appellant argues only that “the trial court abused its discretion in admitting the outcry testimony of Kacie Hand, as she was not a proper outcry witness under the statute.” He reinforces this focus in his reply brief when he argues that “the blanket testimony of Ms. Hand should not have 1 See Tex. R. App. P. 47.4. been allowed, as argued in Appellant’s Brief.” Because Appellant does not argue in his briefing that the trial court erred by admitting Macy’s testimony under article 38.072, which the majority opinion recognizes, I disagree with the majority opinion addressing and finding error in the admission of Macy’s testimony in its discussion of point three. With these comments, I concur in the court’s judgment. /s/ Lee Gabriel LEE GABRIEL JUSTICE DELIVERED: January 12, 2017 2
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