Ruben Earl Walker v. State, 10-15-00381-CR

Walker charged with unlawful possession of cocaine less than one gram under H&SC 481.115(b).
Trial jury found Walker guilty and assessed two years in State Jail with a $2,500 fine.
Walker argued trial court erred by admitting officer’s field-test testimony under Rule 702 and by failing to conduct a gatekeeping hearing.
Walker moved to exclude the presumptive field test by Officer Tulloch; hearing was held outside the jury and motion denied.
Tulloch testified to field-test results turning blue; white crumbs found in cup-holder later tested by Milam and confirmed cocaine.
Court applied Rule 44.2(b) and held any error harmless since Milam, an expert, confirmed cocaine; judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of field test testimony under 702	Walker argues 702 gatekeeping issue was required	State contends harmless error despite officer testimony	Harmless error; judgment affirmed

Hicks v. State, 545 S.W.2d 805 (Tex. Crim. App. 1977) (field test testimony can be harmless when chemist later confirms substance)
White v. State, 486 S.W.2d 377 (Tex. Crim. App. 1972) (recited in harmless-error analysis with field tests)
Boatright v. State, 472 S.W.2d 765 (Tex. Crim. App. 1971) (harmless-error framework for non-constitutional errors)
Smith v. State, 874 S.W.2d 720 (Tex. App.—Houston [1st Dist.] 1994) (field-test testimony can be considered but must be supported by expert proof)
Eisenhauer v. State, 678 S.W.2d 974 (Tex. Crim. App. 1984) (context for admissibility of scientific testing evidence)