Bynum v. State

ON MOTION FOR REHEARING

In his motion for rehearing, appellant suggests this Court misstated the facts in disposing of ground of error three, when we said the State furnished appellant copies of the checks upon which the prosecution was to be based. Appellant says he was furnished “only ten of the more than sixteen checks the State relied on for conviction.”

Under the record before us, the State introduced eleven campaign contribution checks made payable to CFP and cashed by appellant. Complete copies of ten of those checks were furnished to appellant approximately three weeks before trial, and appellant was told when each was cashed and which count of the indictment each supported. The eleventh check was not designated by the State as supportive of the indictment. From discussion between counsel and the court it is obvious it was admitted as an extraneous offense because it was part of a single continous transaction that involved five of the designated checks.

The State also introduced CFP checks that were endorsed by the campaign treasurer, Gene Gidel, and elicited testimony that appellant may have cashed two other *327CFP checks at a liquor store. It is clear from the record, however, that these items of evidence were offered for ancillary purposes and were not the checks upon which the State was relying to support the indictment. Thus, we are satisfied that we correctly stated the evidence pertinent to the checks upon which the State relied for conviction under each count and we adhere to that statement.

We have carefully examined all other grounds and arguments advanced by appellant in his motion for rehearing but we remain convinced our disposition of the case is correct. Therefore, appellant’s motion for rehearing is overruled.