TOMMY LEON HENDERSON, FROM A DISTRICT COURT APPELLANT, v. THE STATE OF TEXAS, APPELLEE

COURT OF APPEALS
FIFTH DISTRICT OF TEXAS
AT DALLAS
NO. 05-88-01118-CR
TOMMY LEON HENDERSON,                        FROM A DISTRICT COURT
 
 
        APPELLANT,
 
 
v.
 
 
THE STATE OF TEXAS,
 
 
        APPELLEE.                                          OF DALLAS COUNTY, TEXAS
 
 
 
BEFORE JUSTICES McCLUNG, THOMAS AND OVARD
OPINION BY JUSTICE THOMAS
AUGUST 9, 1989
        Tommy Leon Henderson appeals a conviction for murder. Following his plea of guilty, the jury assessed punishment at life in the Texas Department of Corrections and a $10,000 fine. In his sole point of error, Henderson contends that the trial court erred in admitting certain character evidence. We disagree and, accordingly, affirm the trial court's judgment.
CHARACTER EVIDENCE
        Henderson complains that the trial court erred in admitting into evidence Brenda Johnson's opinion as to whether or not he was a peaceful and law-abiding citizen.
A sub rosa hearing was held to determine the admissibility of Johnson's testimony. The trial court determined that Johnson could testify as to her opinion about Henderson but not as to his reputation in the community. Johnson then testified before the jury as follows:
 
 
        Q.        Do you know Tommy Leon Henderson?
 
        A.        Yes, I do.
 
        Q.        How do you know him?
 
        A.        He's my cousin.
 
        Q.        How long have you known Tommy Leon Henderson?
 
        A.        All my life.
 
        Q.        Do you have an opinion as to whether Tommy Leon Henderson is a peaceful and law-abiding citizen?
 
        [Defense Counsel]        Pardon me, Ms. Johnson. Your Honor, before that question is responded to I would reurge the objection made previously outside the presence of the jury.
 
        [The Court]        All right. Overruled.
 
        [Defense Counsel]        Thank you.
 
        Q.        Do you have an opinion as to whether Tommy Leon Henderson is a peaceful and law-abiding citizen?
 
        A.        Yes, I have a personal opinion.
 
        Q.        And what is that opinion, that he is or is not a peaceful and law-abiding citizen?
 
        A.        He is not.
        During the punishment phase of trial, the State may introduce into evidence the prior criminal record of the offender as well as other evidence of his character. TEX. R. CRIM. EVID. 404(c). There are three basic methods of proving character: (1) reputation of the person in the community; (2) personal opinion testimony of witnesses who know the person; and (3) specific instances of conduct of the person from which inferences may be drawn. Hedicke v. State, No. 1079-86, slip op. at 5 (Tex. Crim. App. June 21, 1989); see TEX. R. CRIM. EVID. 405. During the punishment phase, the State may offer either evidence of the offender's reputation in the community or opinion testimony. Hedicke, slip. op. at 11.
        Opinion testimony is based on personal observations of the defendant, whereas reputation testimony is based on the witness's familiarity with hearsay and rumors of the defendant's character. See Rutledge v. State, 749 S.W.2d 50, 53 (Tex. Crim. App. 1988). The record clearly indicates that the trial court allowed Johnson to testify as to her personal opinion. She stated that she had known Henderson all of her life and had formed a personal opinion as to whether he was a peaceful and law-abiding citizen. Under the facts of this case, we hold that Johnson's opinion testimony was admissible and overrule the sole point of error.
        The trial court's judgment is affirmed.
                                                          
                                                          LINDA THOMAS
                                                          JUSTICE
 
 
DO NOT PUBLISH
TEX. R. APP. P. 90
 
88-01118.F
 
 
File Date[01-02-89]
File Name[881118]