Everitt v. Texas (Original)
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A jury found appellant guilty of driving while intoxicated. At trial, the state sought to introduce videotape evidence of appellant's admission that he had ingested hydrocodone earlier that day, along with expert testimony about the effects of combining hydrocodone and alcohol. Appellant objected but, after a hearing on the objection, the trial court allowed the state to introduce the videotape evidence and the expert testimony. After trial, appellant appealed, arguing inter alia, that "the trial court abused its discretion by admitting evidence of drug use without a proper foundation showing its relevance." The court of appeals held that appellant did not properly preserve that issue for appeal and overruled the issue. Appellant raised two issues before the Supreme Court on appeal: (1) whether the court of appeals erred in finding that appellant did not properly preserve error; and (2) whether the trial court abused its discretion in admitting the expert testimony. Upon review, the Supreme Court held that the court of appeals erred in finding that appellant did not properly preserve error and sustain appellant's first issue. The Court reversed the court of appeals and remanded the case for consideration of appellant's second issue.
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