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The apartments were well lit, and there was a street Booker TX dating nearby. When she got out of her car, she saw a man on the other side of the parking lot, who asked her for directions to Berry Street. State, S. Further, the trial court must have ruled on the request, objection, or motion, expressly or implicitly, or refused to rule, and the complaining party objected to the refusal. She saw him run away past the apartment office and swimming pool. As she continued to fight, the man took her purse, and she fell to the ground.

She was hitting me in the arm, trying to push me out of the van and I was trying to push her, but I actually hit her in the face twice. I knew she didn't want to be bothered because I was a stranger. First, Linstead testified that on January 4,when she got in her car at the King's Mill apartments, the same apartments as Lopez's, to leave for work about a. Appellant explained that because of his fear of dogs he walked to the Polo Club apartments where he attempted to get a ride from a man and later tapped on a van window and asked a lady for a ride to his house.

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At that time I regretted it and I wanted to get out and apologize. Even though they were different crimes, the offense in question is aggravated robbery, the other two extraneous offenses were aggravated kidnapping and aggravated assault, that they all are similar and that they all took place in the same similar location at approximately the same time.

In this case, in response to appellant's request, the State filed a pretrial notice of its intention to introduce evidence of extraneous offenses, including the January 4, Linstead aggravated sexual assault and aggravated kidnapping and the January 18, Davis kidnapping. Simmons testified that on January 16 and 17,he and other officers conducted surveillance on appellant's house at Misty Meadow, next door to Griffin's house.

Appellant walked through the neighborhood and the King's Mill apartments and then to the Polo Club apartments where, during a five-hour period, the officers observed appellant on four occasions attempt to approach lone females. When the van came to a stop, appellant fought the officers, but they were able to arrest him. The Court is going to find that there is a ificant relationship that exists between the extraneous offenses in question and this offense that-the offense in question occurred at a. And since the Defense did bring identity into question, the Court is going to rule that the State will be allowed to question the officer concerning the extraneous offenses.

McNairn also testified concerning Linstead's statement to her of what had happened during the sexual assault. Appellant's cousin Anthony Starks testified that he Booker TX dating with appellant from December 26 until December 31 and that appellant stayed at his house in Bedford from December 31 until January 5, including the early morning hours of January 4.

Lisa Sweetland, a forensic serologist at Southwestern Institute of Forensics Science, testified concerning her testing of vaginal swabs and other specimens from the Linstead sexual assault kit. To preserve a complaint for our Booker TX dating, a party must have presented to the trial court a timely request, objection, or motion that states the specific grounds for the desired ruling if they are not apparent from the context of the request, objection, or motion. Furthermore, we would argue that simply under they aren't relevant, and under Rule we would urge the Court to find that any probative value these extraneous offenses are substantially outweighed by prejudice.

The identity was made an issue by the Defense.

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Detective Cheryl Johnson testified the other purse recovered from Griffin's residence belonged to Linstead. In explaining to Griffin what had happened to her, Lopez described the robber as a medium-sized, black male wearing a tight-fitting, green cap. The man was of medium height and wore a scarf covering his head. We reverse and remand for a new trial. While Lopez was still there, Griffin went upstairs and looked into the backyard next door, and she again saw the person fitting the description given by Lopez.

The defense also called appellant's mother Mary Bailey and other alibi witnesses. Griffin told her that she had seen some guys playing basketball next door earlier that day, and one of them fit that description.

Booker v. state

Other State's witnesses testified about Linstead's sexual assault. Lopez went to Griffin's house about p. Bailey further testified that appellant stayed in Bedford with his cousin after a new years' eve party in and that she picked him up on January 5-the day after the Linstead aggravated sexual assault and aggravated kidnapping in Fort Worth. The second-the first extraneous took place at a.

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As daylight approached, Blauser heard a woman screaming. As she continued walking, the man ran up behind her, put his arm around her neck, and demanded her purse. Bailey testified that during the middle of December ofincluding December 16, the night of the Lopez aggravated robbery, she got up about three times a night to check on her kids and the house and that she had no recollection of appellant being out of the house during that time.

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It would be a Montgomery type objection. You are instructed that if there is any testimony before you in this case regarding [appellant's] having committed offenses other than the offense alleged against him in the indictment in this case, you cannot consider said testimony for any purpose unless you find and believe beyond a reasonable doubt that [appellant] committed such other offenses, if any were committed, and even then you may only consider the same in determining the identity of [appellant] in connection with the offense, if any, alleged against him in the indictment in this case, and for no other purpose.

I was driving towards the gate. As she Booker TX dating, the man repeatedly struck her in the face with his fists while screaming, cursing, and threatening to kill her. When she refused, the man put a cold, sharp knife to her neck and threatened to kill her if she did not give him her purse.

After reconsidering our prior opinion on appellant's motion for rehearing, we grant the motion, withdraw our July 11, opinion, and substitute the following in its place.

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Appellant's brother William Lee Booker testified that he never noticed appellant missing when he woke up in December of and that he remembered his mother picking appellant up on January 5. On appeal, appellant contends that the trial court erred in admitting the extraneous offense evidence. Sweetland also described her collection of blood samples from appellant pursuant to a warrant and the making of a bloodstain for further testing such as DNA. After testing the vaginal swabs from the sexual assault kit as well as bloodstains from appellant and the man whom Linstead had been dating, Watts determined that the DNA of the major contributor matched that of appellant.

On the other hand, me being so scared of dogs, I could not take no for an answer, so I opened the door and slid on the passenger's side. In addition to repeatedly striking Davis, appellant threatened to kill Davis and told her that he had a gun. Lopez stated that the person who robbed her was not in the photo spread. Benjamin disagreed with the State's testimony concerning the 39, black people to one probability of the sample being appellant's in the extraneous offense involving Linstead and suggested instead a probability of thirty to one.

She testified that the probability of finding another person besides appellant who had the same DNA was one in 39, African-Americans, 2. Officer Connor observed that Lopez's neck was red, consistent with Booker TX dating having grabbed her tightly around the neck. Under Rule b we would argue that the similarities are not great enough to make those relevant under band they should stay excluded.

When Davis repeatedly declined, appellant opened the door and struck her with both fists, pushing her out of the driver's seat onto the floorboard. They then found a baby in the van's backseat. On December 16,after taking her boyfriend to work at about a. Lopez also identified appellant at trial as the person who had robbed her on December 16, Likewise, Griffin identified appellant at trial as the person she had seen in the backyard next door on January 7,matching the description Lopez had given her. Robert C. Benjamin, a molecular biologist, testified for the defense concerning the DNA analysis in the Linstead sexual assault.

When Lopez screamed, the man put his hand on her mouth. About a. She then turned around and saw the man close to her face. Earlier in the trial, Griffin had identified appellant as the person she saw at Misty Meadow on January 7, matching the description Lopez gave her. The officers had been conducting nightly surveillance from a van for about a week and a half because of Griffin's report of having recovered stolen property from her backyard as Booker TX dating as to investigate the December 16, robbery and the January 4, aggravated sexual assault and aggravated kidnapping.

I was already driving when she was hitting me.

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Evidence of the second extraneous offense involving Laura Davis was first introduced by Officer Richard Simmons's testimony. Appellant continued, as follows:.

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She said she was going the opposite way and I figured that it was my last chance of getting home at this time in the morning. At the park, the man sexually assaulted her in the back seat. She was screaming like I was going to hurt her, and I was telling her I wasn't going to hurt her. Appellant Duwan A. Booker appeals his conviction for aggravated robbery with a deadly weapon. Just before daylight on January 17,Officer Patrick Blauser, who also testified, watched appellant at the Polo Club apartments from the roof of a grocery store as appellant moved in and out of the buildings and breezeways and ran toward and attempted to waive down two different vehicles.

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In addition, with regard to the rape case, again we would urge the Court to find that-well, that will just be covered by the same objection, any probative value would be outweighed by any prejudice. The man got in the passenger's seat and ordered Linstead to drive to a park a few blocks away. At trial, following the cross-examination of Lopez and after a hearing outside the presence of the jury, the following transpired:.

And the third one took place at a. Simmons testified that the officers observed a young man, later identified as appellant, leave Misty Meadow at about a. After finding Lopez's driver's in one of the purses, Griffin called Lopez.

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She gave him directions and noticed that he wore dark green overalls and a stocking hat. The examination included looking for trauma and taking various specimens for testing. Benjamin testified to difficulties in applying statistics when there is a match to a mixture as if Booker TX dating mixture were only one person's profile.

Appellant stated he decided to take a walk around the neighborhood about in the morning, and at the King's Mill apartments he saw what he thought was an undercover police officer and then saw a big white dog. After learning that Lopez's purse had been recovered and that appellant was a possible suspect, Pate showed Lopez a photo spread that included appellant's photograph on January 21, Confidently and almost immediately, Lopez identified appellant's photograph as that of the person who had robbed her. He then took her purse, threatened her again, and told her not to move as he got out of the car and left.

Although she was still upset, Davis explained how she had walked to her van and placed the child into the car seat through the sliding door. According to Davis, as she was attempting to start the van, appellant knocked on her window, stated that his car had broken down, and asked for a ride to his grandmother's house where he had left his children overnight.

Officer Simmons interviewed the victim, Laura Davis. About five Booker TX dating later, Linstead went to a truck in a nearby driveway where she asked someone to call Linstead never got a good look at the attacker's face because it was covered the entire time. As I read Siqueiros and bonce the Defense questions the witness concerning identity, the State would be allowed to bring in extraneouses sic.

When a police car met the van head on, appellant again threatened to kill Davis if she said anything.