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COOK v. STATE

No. 01-05-00107-CR.

199 S.W.3d 495 (2006)

Neil Andrew COOK, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 20, 2006.

Attorney(s) appearing for the Case

Randy Martin, Houston, TX, for Appellant.

Kelly Ann Smith, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices TAFT, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

A jury convicted appellant, Neil Andrew Cook, of driving while intoxicated and assessed punishment at 365 days in jail.1 On appeal, Cook contends the trial court erred in admitting into evidence a tape of the 911 call made by a witness because (1) it violated the Confrontation Clause, and (2) it was hearsay. We follow the precedent of the United States Supreme Court in Davis v. Washington

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