Hesiquio Cantu v. State
01-15-00359-CR
| Tex. App. | Aug 31, 2015Background
- Appellant Hesiquio Cantu was indicted for Assault Family Violence – Occlusion against Helen Pacheco on Dec 25, 2013.
- State sought cumulation of sentences; trial court granted it after conviction.
- Jury found Appellant guilty on Feb 25, 2015; punishment set at six years with cumulation.
- Appellant challenged admissibility of medical records used at trial; issue centered on preservation and Rule of Optional Completeness.
- Trial court offered “all or none” admission regarding the medical records; no final ruling was entered before appeal.
- Appellant testified at trial; physical evidence largely supported the State’s account and undermined his defense.
- Court held that preservation requirements were not met and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of medical records and preservation of error | Cantú preserved error via trial objections. | State failed to segregate admissible portions; improper to admit all or none. | Error not preserved; conviction affirmed. |
Key Cases Cited
- Sauceda v. State, 129 S.W.3d 116 (Tex. Crim. App. 2004) (abuse of discretion standard for evidentiary rulings; harm required for reversal)
- Puckett v. U.S., 556 U.S. 129 (2009) (contemporaneous-objection rule; preservation principles)
- Granviel v. State, 552 S.W.2d 107 (Tex. Crim. App. 1976) (rule that overbroad objections fail to preserve specific parts)
- Sonnier v. State, 913 S.W.2d 511 (Tex. Crim. App. 1995) (principle of not preserving error with generalized objections)
- Foster v. State, 779 S.W.2d 845 (Tex. Crim. App. 1989) (en banc; need to identify segregable portions of evidence)