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Daugherty v. State

A general objection, made in advance, that evidence allowed under Texas Penal Code �31.03(c)(1) will nonetheless violate Texas Rule of Evidence 403, is insufficient to preserve error. Houston?s 1st Court of Appeals, No. 01-07-00292-CR.

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OPINION

Appellant Ricky Allen Daugherty was convicted by a jury of theft, a third degree felony because (1) the stolen property was valued at $1,500 or more, but less than $20,000, and (2) the owner of the property was elderly. See Tex. Penal Code Ann. § 31.03 (a), (e)(4), (f) (Vernon Supp. 2007). Appellant pleaded true to two enhancement paragraphs that he had two previous felony theft convictions, and the jury assessed punishment at life imprisonment. Appellant brings a single issue, challenging the admission of two extraneous offenses. We affirm.

Appellant and Edward Colson worked together in a scheme in which they solicited construction from elderly women. In this case, appellant and Colson approached Nancy Perry to work on her house. Appellant introduced himself to Perry as Colson and convinced Perry to pay him $2,300 to work on her patio. The next day, appellant told Perry he needed more money, and she gave him a check for an additional $5,300. Appellant later told Perry that his daughter had accidently destroyed the check for $5,300, and she gave him a replacement check for $5,000. Perry later learned that all three checks had been cashed.

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