Darrell Wayne Holmes v. The State of Texas Appeal from 434th Judicial District Court of Fort Bend County (concurring memorandum opinion)

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Affirmed and Memorandum Majority and Concurring Opinions filed August 1, 2023. In The Fourteenth Court of Appeals NO. 14-22-00007-CR DARRELL WAYNE HOLMES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 434th Judicial District Court Fort Bend County, Texas Trial Court Cause No. 18-DCR-082773 MEMORANDUM CONCURRING OPINION On appeal, the State argues appellant did not preserve a complaint for appellate review regarding the sergeant’s response, “No, I didn’t think that his actions were justified under the law.” Appellant’s issue on appeal is the trial court erred by admitting impermissible lay-witness opinion testimony under Texas Rule of Evidence 701(a). Tex. R. Evid. 701(a). At trial, appellant’s objection was that the sergeant’s response was a legal conclusion. I agree that the complaint on appeal was not preserved. Tex. R. App. P. 33.1(a). While I concur in the judgment, I do not join in the court’s opinion on harm in issue one. /s/ Charles A. Spain Justice Panel consists of Chief Justice Christopher and Justices Jewell and Spain (Christopher, C.J., majority). Do Not Publish — Tex. R. App. P. 47.2(b). 2

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