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McCARTY v. STATE

No. PD-1139-07.

257 S.W.3d 238 (2008)

Andrew Tyrone McCARTY, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 25, 2008.

Attorney(s) appearing for the Case

Steven R. Miears, Bonham, for Appellant.

James L. Moss, Asst. District Atty., Bonham, Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

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

In this case, we must determine whether, under Texas Rule of Evidence 803(2), the event about which an excited utterance is made has to be the same event that caused the declarant's excitement. We hold that it does not and affirm the judgment of the court of appeals.

Background

Appellant Andrew Tyrone McCarty was tried in 2000 on two counts of indecency with...

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