Layton v. State

280 S.W.3d 235, 2009 Tex. Crim. App. LEXIS 149, 2009 WL 250080
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 4, 2009
DocketPD-0408-07
StatusPublished
Cited by375 cases

This text of 280 S.W.3d 235 (Layton v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layton v. State, 280 S.W.3d 235, 2009 Tex. Crim. App. LEXIS 149, 2009 WL 250080 (Tex. 2009).

Opinions

OPINION

MEYERS, J.,

delivered the opinion of the Court,

in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant, Daniel Layton, was charged with driving while intoxicated by the introduction of alcohol into the body. After a jury trial, Appellant was convicted and sentenced by the trial judge to 180 days in jail, which was probated for one year, and a $800 fíne. Appellant appealed, arguing that the trial court erred by admitting evidence of Appellant’s use of Xanax and Valium without requiring the State to show that it was reliable and competent scientific evidence. The court of appeals affirmed the decision of the trial court and held that the statements made by Appellant to the arresting officer regarding his personal use of Xanax and Valium were admissible. Layton v. State, 263 S.W.3d 179 (Tex.App.-Houston [1st Dist.] 2007). The court of appeals declined to address Appellant’s other grounds, holding that Appellant had not preserved error with regard to Officer Allen’s comments. We granted Appellant’s petition for discretionary review to consider whether error was preserved, and whether the court of appeals properly applied Rule of Evidence 401.1 We reverse.

BACKGROUND

Officer Charles Allen stopped Appellant when he observed Appellant’s car at a red-light, stopped in a crosswalk, and protruding into an intersection at 4 a.m. The traffic stop, and the events leading up to it, were recorded in their entirety by Officer Allen’s video camera, and the video was admitted into evidence at trial.

The video shows Officer Allen asking Appellant if he had been drinking, to which Appellant replied that he had consumed five or six drinks between the hours of 6 p.m. and midnight. Appellant added that he was not intoxicated, but did have a “buzz.” The officer then asked Appellant if he took any medications, and Appellant acknowledged that he took both Xanax and Valium, which were prescribed by his doctor for high blood pressure. Appellant qualified the statement by saying that he had taken Valium at 2 p.m. the previous afternoon, but had not taken any Xanax since the day before. Officer Allen responded that those medications were not intended to treat high blood pressure, but were for the treatment of anxiety, and inquired whether Appellant had read the inserts that are included with the medication. Officer Allen added that it probably was not a good idea to be drinking “on top of those.” The officer then conducted a series of field sobriety tests, from which he concluded Appellant was intoxicated, and arrested him. Appellant did not give a breath or blood sample.

Appellant filed a pre-trial motion to suppress the portions of the video tape which contained his and the officer’s statements regarding the Xanax and Valium, on the grounds that the statements were irrelevant. The trial court denied the motion. At trial, before the video was entered into evidence by the State, Appellant again objected to the portions of the tape referencing his Xanax and Valium use. Outside the presence of the jury, Appellant argued [238]*238that the evidence should not be admitted without expert testimony to provide foundation. The trial court overruled Appellant’s objection and allowed the evidence to be admitted, reasoning that the inquiry into the prescription medication was relevant as a predicate to the administration of the horizontal-gaze-nystagmus test (HGN).2

Officer Allen testified that, when he initially spoke to Appellant on the night in question, Appellant’s breath had a strong odor of alcohol. Officer Allen also said that although Appellant was very talkative, he slurred his speech and his eyes were red and bloodshot. During the officer’s testimony, no reference was made to Appellant’s admission of prescription-drug use or Officer Allen’s comments thereafter. The only mention of Xanax and Valium in the presence of the jury other than that in the video was by the State during its closing argument.3 The jury found Appellant guilty of DWI by introduction of alcohol.

Appellant appealed the verdict, arguing that the trial court erred in allowing into evidence statements made by Appellant and the arresting officer regarding Appellant’s use of Xanax and Valium without requiring the State to show the statements’ relevance through reliable and competent scientific evidence. The court of appeals looked at Appellant’s and Officer Allen’s statements as two separate issues. Considering Appellant’s answers to Officer Allen’s question about medications, the court held that, “because the evidence was not used as proof of intoxication, but was merely a result of predicate questions before administering the HGN test, a ‘gatekeeper’ hearing was not required.” Layton, 263 S.W.3d at 182. Finally, the court of appeals concluded that Appellant did not make a specific objection to Officer Allen’s statements regarding the medications, and therefore, the error had not been preserved for appeal.

We granted Appellant’s petition for discretionary review to consider the following two issues:

Whether the Court of Appeals erred in holding that Appellant failed to preserve error in his objection to testimony from a police officer concerning use of prescription drugs.
Whether the Court of Appeals properly applied Texas Rule of Evidence 401 in holding that the trial court did not abuse its discretion in admitting over objection Appellant’s statements to police that he takes prescription medication and the police officer’s statement regarding the uses of those prescription medications.

PRESERVATION OF ERROR

In order to preserve an issue for appellate review, a timely and specific ob[239]*239jection is required. Tex.R.App. P. 38.1(a)(1)(A); Tex.R. Evid. 103(a)(1); Gillenwaters v. State, 205 S.W.3d 534, 537 (Tex.Crixn.App.2006). A specific objection is necessary to inform the trial judge of the issue and basis of the objection, and to allow the judge a chance to rule on the issue at hand. Neal v. State, 150 S.W.3d 169, 178 (Tex.Crim.App.2004), citing Zillender v. State, 557 S.W.2d 515, 517 (Tex.Crim.App.1977). As we stated in Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App.1992), “all the party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks he is entitled to it, and to do so clearly enough for the judge to understand him at a time when the trial court is in a proper position to do something about it.” Beyond this, there are no specific words or technical considerations required for an objection to ensure that the issue will be preserved for appeal. Id. If the correct ground of exclusion was apparent to the judge and opposing counsel, no waiver results from a “general or imprecise objection.” Id. at 908, citing Zillender, 557 S.W.2d at 517.

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Cite This Page — Counsel Stack

Bluebook (online)
280 S.W.3d 235, 2009 Tex. Crim. App. LEXIS 149, 2009 WL 250080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layton-v-state-texcrimapp-2009.