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LOMAX v. STATE

No. 10-98-101-CR.

16 S.W.3d 448 (2000)

Jimmy Odell LOMAX, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

March 29, 2000.

Attorney(s) appearing for the Case

John E. Hawtrey, Bryan, for appellant.

Ray Montgomery, Dist. Atty. Leon County, Centerville, Gina M. Debottis, Special Prosecution Unit, Huntsville, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

TOM GRAY, Justice.

A man was convicted of sexually assaulting his step daughter. His former wife, the mother of the victim, taped a telephone conversation with the man. The tape ran out before the conversation ended. At trial, the former wife was allowed to testify about the unrecorded portion of the conversation. The man complains about the admissibility of the tape and the former wife's ability...

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