Jorge Garza v. The State of Texas

Summary

The Texas Thirteenth Court of Appeals affirmed Jorge Garza’s conviction for driving while intoxicated, third or more, a second-degree felony. The court held that the trial court properly admitted Garza’s medical records and toxicology report, did not err in allowing the State to reopen its case to prove prior convictions, and found no cumulative error.

Holdings

1. Garza failed to preserve his Rule 404(b) argument because he did not make that objection in the trial court, and a Rule 403 objection is not implicitly contained in or interchangeable with a Rule 404 objection.
2. The trial court did not abuse its discretion by admitting Garza's medical records because they were admissible under the business-records exception and the medical-diagnosis-or-treatment exception.
3. Admission of the medical records and toxicology report did not violate the Confrontation Clause because the records were nontestimonial and Garza did not identify any testimonial statement.
4. Allowing the State to reopen its case after resting was not structural error and did not constitute an abuse of discretion under Texas Code of Criminal Procedure article 36.02.
5. Cumulative error did not require reversal because the court found no individual error to cumulate.

Questions Presented

1. Whether the trial court abused its discretion by admitting Garza's medical records and toxicology report over objections based on Rule 404(b), hearsay, and the Confrontation Clause.
2. Whether the trial court committed structural error or otherwise abused its discretion by allowing the State to reopen its case after resting.
3. Whether cumulative error required reversal.

Disposition

affirmed