Anthony Flores v. The State of Texas Appeal from 364th District Court of Lubbock County (concurring memorandum opinion by chief justice quinn)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-15-00075-CR ANTHONY FLORES, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 364th District Court Lubbock County, Texas Trial Court No. 2012-434171, Honorable Bradley S. Underwood, Presiding February 12, 2016 CONCURRING OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. I join in the majority opinion and judgment but write separately to distinguish this result from our decision in Hereford v. State, 444 S.W.3d 346 (Tex. App.—Amarillo 2014, no pet.). Hereford also involved the admission of a 911 call and the question of whether doing so violated the defendant’s right to confront witnesses. In large part, we held the evidence inadmissible due to “the absence of any indicia suggesting the presence of some emergency.” Id. at 351-52. Here, though, such indicia appear of record. Consequently, I too agree that the trial court did not abuse its discretion here by rejecting appellant’s confrontation claim. Brian Quinn Chief Justice Do not publish. 2

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