Christian Bjorgaard v. The State of Texas--Appeal from 69th District Court of Dallam County
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NO. 07-05-0332-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
MAY 2, 2007
_______________________________
CHRISTIAN BJORGAARD,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 69TH DISTRICT COURT OF DALLAM COUNTY;
NO. 3868; HON. RON ENNS, PRESIDING
________________________________
On Motion for Rehearing
________________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Pending before the court is the State’s motion for rehearing. Its content leads us
to the same end encountered after reading the State’s initial brief. Despite the absence
of facts surrounding the manner or means underlying appellant’s prior conviction, the State
seeks to use it for little more than providing the jurors basis from which to infer that
because appellant did it before, he must have done it again. Though one’s past acts may
be indicators of future conduct, evidence used simply to show that the accused acted in
line with his character is inadmissible under the Rules of Evidence. Whether the latter
should be reconsidered is not within our prerogative. Accordingly, we overrule the motion
before us.
Per Curiam
Do not publish.
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