MELVIN LARAY TRAYLOR, Appellant v. THE STATE OF TEXAS, Appellee

Affirmed and Opinion Filed December 29, 1989.
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-89-00279-CR
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MELVIN LARAY TRAYLOR, Appellant
V.
THE STATE OF TEXAS, Appellee
 
.................................................................
On Appeal from the County Court at Law
Hunt County, Texas
Trial Court Cause No. CR-1264-88
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O P I N I O N
Before Justices Stewart, Thomas and Kinkeade
Opinion By Justice Kinkeade
        Melvin Laray Traylor appeals his conviction of the misdemeanor offense of unlawfully carrying a weapon. Following a jury trial, the court assessed punishment at fifteen days' confinement. Traylor argues that the trial court committed reversible error by allowing the admission of his testimony given at a previous trial and evidence obtained as a result of an illegal search. Because the trial court may allow the admission of prior testimony given under oath and evidence seized pursuant to a pat down search done for the safety of the officer, we overrule Traylor's two points of error. We affirm the trial court's judgment.
Facts
        On March 30, 1988, Greenville police officer, Jimmy Jordan, responded to a disturbance call at the high school. Officer Jordan testified that upon arriving at the high school, he found several students around the school office. He observed one student bleeding from her head and another, apparently pregnant student, holding her stomach. Officer Jordan said that school administrators indicated to him that someone hit the girl in her stomach and that the principal needed to go to the hospital because he received a blow to the eye. The administrators also identified Traylor, a student at the high school, as the person possibly responsible for the principal's injury. Officer Jordan stated that he then conducted a pat down search of Traylor, pursuant to policy, for his own safety. The search revealed the upper portion of a wooden crutch in Traylor's front pants pocket.
        The State charged Traylor with two separate offenses, assault and unlawfully carrying a weapon. A jury acquitted Traylor on the assault charge. In Traylor's trial for assault, he took the stand in his own defense. During cross examination, the State asked Traylor if he carried a weapon to school on March 30, 1988. Traylor admitted carrying a piece of a crutch in his left front pants pocket that day to protect himself from some expected trouble. Traylor further stated that he never used the crutch part as a weapon.
Subsequent Use of Prior Testimony
        In his first point of error, Traylor argues that the trial court committed reversible error in allowing the admission of his testimony given at a previous trial. Traylor contends that the admission of the previous testimony violates his privilege against self incrimination. We disagree with Traylor's contention.
        A defendant's testimony or judicial confession at a former trial may be used against him at a subsequent trial if the evidence pertains to the present inquiry. Chavez v. State, 508 S.W.2d 384, 386 (Tex. Crim. App. 1974); Miguez v. State, 715 S.W.2d 795, 798 (Tex. App.--Houston [14th Dist.] 1986, pet. ref'd). Defendant waives his privilege of self incrimination by taking the stand on his own behalf. Chavez, 508 S.W.2d at 386. Traylor took the stand on his own behalf in his first trial for the assault charge. Although acquitted on the assault charge, Traylor admitted at that trial that he carried a weapon to school on the day in question. Because Traylor waived any claim to privilege against self incrimination by testifying on his own behalf at the first trial, we overrule his first point of error.
Pat Down Search
        In his second point of error, Traylor argues that the trial court committed reversible error because it admitted evidence obtained pursuant to an illegal search. Traylor contends that the police conducted a warrantless search without cause because they neither found him in a suspicious place nor produced any evidence that he attempted to escape. We disagree with Traylor's contention.
        A police officer may conduct a pat down search of the defendant's outer clothing if he reasonably fears for his own or other's safety. Terry v. Ohio, 392 U.S. 1, 30 (1968); Brem v. State, 571 S.W.2d 314, 318-19 (Tex. Crim. App. 1978). Officer Jordan testified that when he arrived at the school he saw at least two injured students and administrators told him about the principal's injury. Administrators identified Traylor as possibly being responsible for the principal's injury. After receiving this information, Officer Jordan conducted a pat down search. Because we find that Officer Jordan could have reasonably feared for his own and others' safety, we overrule Traylor's second point of error. Terry, 392 U.S. at 30; Brem, 571 S.W.2d at 318-19. We affirm the trial court's judgment.
 
 
 
 
 
                                                          
                                                          ED KINKEADE
                                                          JUSTICE
 
 
DO NOT PUBLISH
TEX. R. APP. P. 90.
 
890279.U05
 
 
File Date[12-29-89]
File Name[890279]