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FISCHER v. STATE

No. PD-0043-07.

252 S.W.3d 375 (2008)

John Robert FISCHER, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 16, 2008.

Attorney(s) appearing for the Case

Windi Akins, Winston E. Cochran Jr., Houston, for appellant.

Eric Kugler, Asst. D.A., Houston, Jeffrey Van Horn, State's Attorney, Austin, for state.

OPINION

COCHRAN, J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

This case presents a novel question in Texas evidentiary law: Are a law enforcement officer's factual observations of a DWI suspect, contemporaneously dictated on his patrol-car videotape, admissible as a present sense impression exception to the hearsay rule under TEX.R. EVID. 803(1)?1 They are not. An officer...

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