The police officers also recovered a green towel found on a couch downstairs. See Tex.R. P. 33.1, we observe that appellant did not object on the basis of Rule 404(b), under which the State gave notice and offered the exhibits of which appellant now complains. He stood quietly with his attorneys upon hearing the verdict. She saw a gold or champagne-colored minivan pull up to the for sale sign in the yard. He began to pet the animal and the dog responded. See United States v. Mitchell, 145 F.3d 572, 576 (3d Cir.1998); accord United States v. Ruiz, 249 F.3d 643, 646 (7th Cir.2001). An earlier membership had been issued on February 28, 2001, to a Janet Russo at the same address. No zip ties were found on the body or in the house. The court pointed out that in a search for records and documents, innocuous records must be examined to determine whether they fall in the category of those papers covered by the search warrant. Id. Cranford left and let the dog out of the study because she was uncomfortable. Diane Holik OfficialUSA.com Records The thrust of Rule 403 is to favor the admissibility of evidence, Goodwin v. State, 799 S.W.2d 719, 738-39 (Tex.Crim.App.1990), and there is a presumption of the admissibility of the evidence. He claims that the fact that Holik's undisturbed purse was found in her car in the garage dispels any notion of a robbery at the scene. Detective Rector then, on a personal or lab computer, went online to the Web site for necrobabes.com which was available without charge to anyone surfing the Internet. 7. Harmond v. State, 960 S.W.2d 404, 406 (Tex.App.-Houston [1st Dist.] In Rosa v. Commonwealth, 48 Va.App. Some of these exhibits were introduced into evidence. As earlier noted in the discussion of the fifth point of error, a general relevancy objection does not preserve an extraneous-offense claim under Rule 404(b) of the Texas Rules of Evidence. 11. Evid. In the same general time frame, Diane Holik was murdered by ligature strangulation in her own home at XXXX Pathfinder in the Great Hills subdivision in Austin, where she lived alone. In his brief, appellant urges that the evidence admitted over his hearsay objections had no relevancy to any material issue in the case. This is true even where the element of appropriation occurred after the murder. Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. at 1273. SID Number: 04127272 TDCJ Number: 00655871 Name: RUSSO, PATRICK ANTHONY Race: W Gender . Tex.R. One of the principles of a factual sufficiency analysis is deference to the findings of the jury. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). McFarland v. State, 845 S.W.2d 824, 837 (Tex.Crim.App.1992). Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. 2157, 72 L.Ed.2d 572 (1982)). The local police arrived at the home at 6300 Pathfinder Drive, where they found the body of a white female who was identified as 42-year-old Diane Holik.
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