Flores, Jimmy Lee

• Court: Court of Criminal Appeals of Texas
• Decided: September 15, 2004
• Docket: PD-0210-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. 210-04 JIMMY LEE FLORES, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

YOKUM COUNTY

Per Curiam

O P I N I O N

Appellant was convicted of injury to a child and his punishment was assessed at fifty years. The Court of Appeals affirmed. Flores v. State, 07-02-0224-CR (Tex. App.- Amarillo, delivered November 24, 2003).

The Court of Appeals held that an out-of-court statement admitted under T.R.E. 803 (24) as a statement against interest did not violate the Confrontation clause, because it qualified as a "firmly rooted" hearsay exception. Appellant has filed a petition for discretionary review challenging that holding.

At the time the Court of Appeals handed down its opinion in this case, it did not have the benefit of the United States Supreme Court's opinion in Crawford v. Washington, __U.S. __, 124 S.Ct. 1354, __L.Ed. 3d ___ (2004). Accordingly, we grant grounds three and four of Appellant's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand to that court for reconsideration in light of Crawford. Appellant's remaining grounds for review are dismissed.

Delivered: September 15, 2004.

Do not Publish