Caceres v. State
Texas Court of Appeals
No. 14-15-00446-CR, 2016 Tex. App. LEXIS 6775 (2016)
- Written by Sean Carroll, JD
Facts
Carlos Caceres (defendant) was a medical-sales representative. Certain medical supplies went missing from North Cypress Medical Center (the hospital). Caceres sold the same types of supplies to Cypress OBGYN (the clinic). After an investigation, Caceres was charged with theft of the medical supplies from the hospital under the theory that the supplies Caceres sold to the clinic were the same as those that went missing from the hospital. To prove this, the prosecution sought to introduce purchase orders from the hospital through the testimony of the hospital’s director of perioperative services, Chris Stewart. Stewart testified that his department created purchase orders at the time the hospital purchased equipment. Stewart also testified that purchasing equipment was a regular part of the hospital’s business. Finally, Stewart testified that he was not the custodian of the purchase orders because they were electronic. The trial court admitted the purchase orders as business records over Caceres’s objection. Caceres was convicted, and he appealed, arguing that the purchase orders were inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Christopher, J.)
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