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Brodrick Dechone Delane A/K/A Brodrick Shun Delane A/K/A Shaun Scott v. the State of Texas

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DISSENTING OPINION

Appellant contends that “the trial court erred in admitting unreliable and irrelevant scientific evidence” that he was intoxicated due to his use of two pharmaceutical medications. I agree with the Court that certain portions of Officer

Morrison’s testimony regarding the details of the two prescription drugs in question would have been inadmissible based on lack of qualifications and reliability if appellant had timely and properly objected to that testimony. Because appellant did not preserve either of these objections, however, I respectfully dissent. At best, appellant preserved error on relevance grounds, but Officer Morrison’s objected-to testimony was relevant and any error in its admission was harmless. The testimony to which appellant objected was also cumulative of other testimony for which no objection was made. I would therefore affirm the trial court’s judgment.

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