Leonard Boardman a/k/a Leonard Alan Boardman v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed Leonard Boardman’s conviction for burglary of a habitation. The court held that a Rule 404(b) objection was not preserved, reviewed the admission of a traffic-stop video under Rule 403, and concluded that the evidence was properly admitted and did not harm Boardman.

Holdings

1. Boardman failed to preserve his Rule 404(b) complaint because he did not object to the officer's testimony or State's Exhibit 5 on Rule 404(b) grounds.
2. No appellate issue was preserved concerning the admission of the officer's testimony because the trial objection asserted irrelevance on a different ground from the arguments made on appeal, and Boardman did not pursue a relevance argument on appeal.
3. The trial court did not abuse its discretion by admitting the bodycam video of the traffic stop under Rule 403.
4. Any error in admitting State's Exhibit 5 was harmless because it did not have a substantial and injurious effect or influence on the jury's verdict.

Questions Presented

1. Whether Boardman preserved a challenge under Texas Rule of Evidence 404(b) to the admission of evidence concerning the August 13, 2024 traffic stop.
2. Whether Boardman preserved a relevance challenge to the officer's testimony about the traffic stop.
3. Whether the trial court abused its discretion under Texas Rule of Evidence 403 by admitting the bodycam video of the traffic stop.
4. Whether any error in admitting State's Exhibit 5 affected Boardman's substantial rights.

Disposition

affirmed