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David Lee Harrison v. the State of Texas

2026-08-17

Summary

Holding. The court affirmed the trial court's judgment, finding that Harrison forfeited his evidentiary objections by failing to renew them when the exhibits were offered for publication to the jury, and that even if the objections had been preserved, admission of the evidence would not have constituted an abuse of discretion.

David Lee Harrison was convicted of two counts of sexual assault and four counts of sexual performance by a child involving a minor victim. At trial, the state introduced evidence recovered from Harrison's electronic devices, including internet search history and images depicting sexual relationships between stepparents and stepchildren and teenagers in sexual situations. Harrison objected to this evidence before trial under multiple evidentiary rules, but when the state later offered the same exhibits for publication to the jury, Harrison stated "No objection," and the trial court admitted them.

Harrison appealed, claiming the trial court erred in admitting the search history and photographic evidence. The court found Harrison forfeited his complaint by failing to renew his objections when the evidence was offered for publication to the jury after the trial court had explicitly conditioned any later offer on a renewed bench conference and ruling. Additionally, even if Harrison had properly preserved the issue, the court concluded the trial court would not have abused its discretion in admitting the evidence, given the close nexus between the material and the charged offenses and the state's substantial need for corroborating evidence.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Preservation of evidentiary objections after trial court defers ruling and conditions later admission on renewed objection
  • Admissibility under Rule 403 of pornographic materials depicting relationships mirroring defendant's relationship to victim
  • Probative value of search history and photographic evidence in child sexual abuse prosecutions

Procedural posture

Harrison appealed from his conviction following a jury trial in the 78th District Court of Wichita County, and the case was transferred from the Second Court of Appeals to the Seventh District Court of Appeals.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-26-00115-CR

No. 07-26-00116-CR

No. 07-26-00117-CR

No. 07-26-00118-CR

No. 07-26-00119-CR

No. 07-26-00120-CR

DAVID LEE HARRISON, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 78th District Court

Wichita County, Texas1

Trial Court No. DC78-CR2025-1130-1, DC78-CR2025-1130-2, DC78-CR2025-1130-3,

DC78-CR2025-1130-4, DC78-CR2025-1130-5, DC78-CR2025-1130-6

Honorable Stephen Bristow, Presiding

August 17, 2026

MEMORANDUM OPINION

Before DOSS and YARBROUGH and PRATT, JJ.

1 Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the

Supreme Court of Texas. See TEX. GOV’T CODE § 73.001. Should a conflict exist between the precedent of the Second Court of Appeals and this Court on any relevant issue, we apply the precedent of the Second Court of Appeals. TEX. R. APP. P. 41.3.

Appellant, David Lee Harrison, appeals from the trial court’s judgment convicting

him, following a jury trial, of two counts of sexual assault2 and four counts of sexual

performance by a child.3 In one issue, Appellant contends that the trial court erred by

admitting search history, photographic, and video evidence of pornography recovered

from his electronic devices. Because Appellant failed to preserve this complaint for our

review, and because the trial court would not have abused its discretion in admitting the

evidence in any event, we affirm the judgment of the trial court.

BACKGROUND

Appellant does not challenge the sufficiency of the evidence supporting his

convictions, so we recite only the facts necessary to resolve the issue he raises.

“Katherine”4 was twelve or thirteen years old when she was removed from her

biological parents’ home and adopted by her paternal aunt, “Diane.” Through Diane,

Katherine met Appellant, who was married to her paternal grandmother, “Margaret.” The

families spent considerable time together. Katherine’s relationship with Appellant was

unremarkable at first. Over the following years, though, it developed into repeated sexual

contact, including oral sex and, on at least one occasion, intercourse. Appellant also sent

K.V. sexually suggestive photographs and messages and, after she obtained a cell phone

2 TEX PENAL CODE § 22.011.

3 TEX PENAL CODE § 43.25.

4 We use pseudonyms to protect the identity of the minor victim and of other individuals whose

identity could reveal hers. See TEX. R. APP. P. 9.10; McClendon v. State, 643 S.W.2d 936, 936 n.1 (Tex. Crim. App. [Panel Op.] 1982).

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at sixteen, solicited nude images from her. When Katherine tried to tell Diane and

Margaret about Appellant’s conduct, both refused to believe her.

Katherine eventually gave a statement to the Wichita County Sheriff’s Office and

consented to a search of her phone. Using that information, Investigator Patrick Bradford

obtained a warrant to search Appellant’s home and the electronic devices found there.

Forensic review of those devices, and of a phone recovered from Appellant at his arrest,

revealed internet search history and images depicting stepparent-stepdaughter, stepgrandparent, and teenage sexual content.

At trial, Katherine testified to the encounters underlying the charged offenses.

When the State sought to elicit testimony from Investigator Bradford about search-history

and photographic evidence recovered from Appellant’s devices,5 Appellant objected

under Texas Rules of Evidence 404(b), 403, and 702, arguing that the evidence was

irrelevant, unfairly prejudicial, and improper character evidence, and that Bradford lacked

the qualifications to interpret the forensic extraction that produced it. The trial court

overruled the 404(b), 403, and character-evidence objections, declined to overrule the

Rule 702 objection, and granted Appellant a running objection, “especially under Rule

403,” as to the admissibility of the proffered evidence.

Following an off-the-record discussion, the parties reached an agreement

narrowing what would be presented to the jury that day. The State withdrew its proffer of

Exhibits 31–34 (the search history exhibits and the photographs) “until such time as a

5 Specifically, State’s Exhibits 31–33 reflected Internet search or browsing history; Exhibit 34

contained four photographs; Exhibit 35 depicted a video recovered from Appellant’s phone that shows his penis.

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different predicate has been laid,” and the trial court advised that any future offer of those

exhibits before the jury would require a further bench conference and ruling. In exchange,

Appellant stipulated to the admission of State’s Exhibit 35 (the video exhibit) and to

testimony that Bradford had found on Appellant’s devices, internet searches and images

relating to sexual relationships between stepparents and stepchildren and to teenagers

engaging in sexual activity. While still outside the jury’s presence, the State then moved

to admit Exhibits 31–34 into the record, and the trial court granted that motion outside the

jury’s presence. However, the exhibits were not published to the jury at that time. When

the jury returned, Bradford testified consistent with the parties’ agreement, and the video

exhibit was published to the jury without objection.

On the next day of trial, the State again offered Exhibits 31–34, this time for

publication to the jury. Appellant responded, “No objection,” and the trial court admitted

the exhibits. The State published them to the jury, reciting the specific search titles

referencing sexual abuse by a grandfather against a step-granddaughter and by a

stepfather against a stepdaughter, along with related photographs.

In his case-in-chief, Appellant called Diane and Katherine’s adopted sister, both of

whom questioned Katherine’s credibility and described instances of dishonesty in her

youth. Diane testified that she was unaware of any sexual misconduct between Appellant

and Katherine and did not believe the allegations. She acknowledged, however, after

viewing messages introduced at trial, that some of Appellant’s texts were inappropriate;

Diane agreed with the prosecutor’s characterization that Appellant’s possession of nude

photographs of Katherine was “good evidence” of his guilt.

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The jury convicted Appellant on all counts and assessed four 15-year sentences,

one 18-year sentence, and one 20-year sentence, to run consecutively. This appeal

followed.

ANALYSIS

In his sole issue, Appellant contends that the trial court erred by admitting the

search history, photographic, and video evidence recovered from his devices, arguing

that the material carried little probative value, was inherently inflammatory, distracted the

jury from the charged offenses, and was unnecessary given Katherine’s own testimony.

We review a trial court’s evidentiary rulings for an abuse of discretion and will uphold the

ruling if it falls within the zone of reasonable disagreement. Beham v. State, 559 S.W.3d

474, 478 (Tex. Crim. App. 2018).

To preserve a complaint for appellate review, a party must object each time

allegedly inadmissible evidence is offered, unless a running objection covers its later

admission or a hearing is requested outside the jury’s presence. TEX. R. APP. P. 33.1(a).

“[W]hen a defendant objects to evidence at trial but later allows substantially the same

evidence to be admitted without objection, any error in admitting the objected-to evidence

is waived.” Garcia v. State, 6 S.W.3d 765, 767 (Tex. App.—Fort Worth 1999, pet. ref’d).

This is particularly so where the trial court has conditioned any future offer of the evidence

on a further ruling; in that circumstance, the party must object when the evidence is next

offered to preserve the complaint. See Williams v. State, No. 02-24-00176-CR, 2025 Tex.

App. LEXIS 3561, at *37 (Tex. App.—Fort Worth May 22, 2025, pet. granted)(mem. op.

not designated for publication) (holding that a party forfeits Rule 403 and 404 objections

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by failing to renew them after the trial court defers ruling on a later offer of the same

evidence).6

The trial court overruled Appellant’s Rule 404(b), 403, and character evidence

objections to the challenged evidence and granted him a running objection. But after the

parties agreed that the search history and photograph exhibits would be withheld from

the jury pending a further predicate, the trial court expressly conditioned any later offer of

those exhibits on a renewed bench conference and ruling. When the State offered the

exhibits for publication to the jury, Appellant did not re-urge his earlier running objection.

He unequivocally said, “No objection.” Because Appellant permitted the very evidence

he now challenges to reach the jury without objection, he forfeited any complaint about

its admission. See Garcia, 6 S.W.3d at 767.

Even if Appellant had preserved this complaint, the trial court would not have

abused its discretion in admitting the evidence. Rule 403 permits a trial court to exclude

relevant evidence only when its probative value is substantially outweighed by the danger

of unfair prejudice. TEX. R. EVID. 403. The rule carries a presumption favoring admission

of relevant evidence. Hance v. State, 714 S.W.3d 775, 810 (Tex. App.—Fort Worth 2025,

no pet.). The party opposing admission bears the burden of overcoming that

presumption. Id. Courts weigh the evidence’s probative force and the proponent’s need

6 The Court of Criminal Appeals has explained that a later “no objection” statement forfeits an

earlier-preserved complaint unless “the record as a whole plainly demonstrates that the defendant did not intend, nor did the trial court construe, his ‘no objection’ statement to constitute an abandonment” of that complaint. Thomas v. State, 408 S.W.3d 877, 885 (Tex. Crim. App. 2013). Where the record does not resolve that question, the statement serves, by itself, as an unequivocal indication that a waiver was both intended and understood. Id. at 885–86. As explained below, nothing in the record indicates that Appellant or the trial court understood his “no objection” statement as anything other than a full waiver of his earlierpreserved objection.

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for it against its tendency to prompt a decision on an improper basis, confuse or distract

the jury, receive undue weight from a jury ill-equipped to evaluate it, or consume an

inordinate amount of trial time. Gigliobianco v. State, 210 S.W.3d 637, 641–42 (Tex.

Crim. App. 2006). A reviewing court will reverse a trial court’s Rule 403 ruling only after

a clear abuse of discretion. Perkins v. State, 664 S.W.3d 209, 217 (Tex. Crim. App.

2022).

The Second Court of Appeals, whose decisions are binding consistent with

horizontal stare decisis,7 has held that evidence of a defendant’s search for, or

possession of, pornography depicting relationships mirroring his own relationship to the

victim is highly probative of intent in a child-sex-abuse prosecution, notwithstanding its

inflammatory character, where a clear nexus exists between the pornography and the

circumstances of the offense. See Neighbors v. State, No. 02-24-00147-CR, 2025 Tex.

App. LEXIS 3361, at *6 (Tex. App.—Fort Worth May 15, 2025, pet. ref’d) (mem. op., not

designated for publication); Hance, 714 S.W.3d at 812; Watkins v. State, No. 02-12-00024-CR, 2013 Tex. App. LEXIS 1512, at *9–10 (Tex. App.—Fort Worth Feb. 14, 2013,

pet. ref’d) (mem. op. not designated for publication). That nexus is present here.

Appellant was charged with sexually assaulting his step-granddaughter, and the searchhistory evidence reflected titles specifically describing sexual abuse in such a family

relationship. The correspondence between that material and Appellant’s actual

relationship to Katherine rendered the evidence highly probative of his intent.

7 See TEX. R. APP. P. 41.3; Mitschke v. Borromeo, 645 S.W.3d 251, 256–58 (Tex. 2022).

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The State’s need for the evidence was likewise substantial. No medical evidence

corroborated Katherine’s account, and no witness other than Katherine testified to the

abuse itself. Appellant’s defense rested largely on attacking Katherine’s credibility

through testimony that described other instances of dishonesty. That strategy increased,

rather than diminished, the State’s need for corroborating evidence of Appellant’s intent.

See Hance, 714 S.W.3d at 814. Weighing the clear nexus between the challenged

evidence and the charged offenses against its inflammatory character, we cannot say the

trial court’s ruling fell outside the zone of reasonable disagreement.

We overrule Appellant’s sole issue.

CONCLUSION

Having overruled Appellant’s only issue, we affirm the trial court’s judgment.

Lawrence M. Doss

Justice

Do not publish.

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