- Court of Appeals of Texas, Thirteenth
- DORI CONTRERAS JUSTICE
Appellant Sylvester Donnell Bryant was found guilty after a jury trial of the upgraded charge of first-degree felony aggravated assault with a deadly weapon and sentenced to life imprisonment because of a prior conviction. The trial court held a pretrial hearing and determined that the state could introduce appellant's prior conviction to impeach Bryant if he chose to testify. At trial, during direct examination by his counsel, Bryant testified that he had a prior conviction for aggravated assault. Bryant appealed verdict arguing the trial court erred when they overruled his objection to the use of his prior conviction as impeachment evidence. The court found Bryant waived any alleged error because he himself introduced evidence of prior conviction during direct examination and in turn cannot now claim the admission of such evidence was an error. Ohler v. U.S., 529 I.S. 753, 760 (2000), adopted by Texas in Roderick v. State, 494 S.W.3d 868, 881. The court affirmed the trial court's judgment.
Sylvester Donnell Bryant v. The State of Texas, Corpus Christi Court of Appeals, Case No.: 13-16-00540-CR, 08/29/2017
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