APOLINAR v. STATE

No. PD-1057-03.

155 S.W.3d 184 (2005)

Alex APOLINAR, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 2, 2005.


Attorney(s) appearing for the Case

Ernest Davila, Houston, for Appellant.

Lori Deangelo Fix, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.


OPINION

PRICE, J., delivered the opinion for a unanimous Court.

During the appellant's trial for aggravated robbery, the trial court admitted a hearsay statement made by the victim four days after the attack. We granted review to determine whether the victim's hearsay statement qualifies as an excited utterance. We conclude that it does because a reasonable trial judge could have concluded that the victim was still under the influence of the startling...

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