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Hooks v. State3/7/2001
d without it, and balance those factors against the tendency that the photographs have to encourage resolution of material issues on an inappropriate emotional basis. See Ladd v. State, 3 S.W.3d 547, 568 (Tex. Crim. App. 1999) (citing Narvaiz v. State, 840 S.W.2d 415, 429 (Tex. Crim. App. 1992)).
In this case the trial court, after viewing the three autopsy photographs, admitted two into evidence and excluded one. The two that were admitted tended to substantiate the opinion of Dr. Palmer that Carney was struck from behind while he was off of the roadway. Because we agree with the State that the probative value of the two admitted photographs is not substantially outweighed by the danger of unfair prejudice, we find that no error was occasioned by the trial court's admission of the two autopsy photographs.
For the reasons stated, we affirm the decision of the trial court.
Date Submitted: February 22, 2001
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