NO. 07-01-0409-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JULY 26, 2002
______________________________
ANTHONY RAY GREEN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 351ST DISTRICT COURT OF HARRIS COUNTY;
NO. 874,095; HON. MARK KENT ELLIS, PRESIDING
_______________________________
Before BOYD, C.J., QUINN and REAVIS, J.J.
Appellant Anthony Ray Green was convicted by a jury of burglary of a habitation
with intent to commit aggravated assault upon Judy Green. His sole point of error involves
the trial court’s refusal to exclude a photograph of Raymond Green, appellant’s uncle and
one of the victims of the assault. The photograph depicts Raymond’s nude upper torso,
i.e. stomach, chest, arms and head, as it appeared after he died of complications from the
assault. Also depicted are a sutured embalmer’s incision measuring approximately four
inches on the neck of the decedent and a hole in his abdomen (measuring one-half inch)
through which the decedent was fed before dying. According to appellant, the picture was
inadmissible because its prejudicial effect substantially outweighed its probative value.
This issue is identical to that raised in Cause No. 07-01-0408-CR, styled Anthony Ray
Green v. State, which also pends in this court. Consequently, we overrule the point of error
for the reasons expressed in our opinion issued this day in Cause Number 07-01-0408-CR
and affirm the judgment of the trial court.
Brian Quinn
Justice
Do not publish.
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