(Cite as: 9 S.W.3d 133)

Court of Criminal Appeals of Texas.

Howard Paul GUIDRY, Appellant,

v.

The STATE of Texas.

No. 72775.

Dec. 15, 1999.

Rehearing Denied Feb. 9, 2000.

Appellant was convicted of capital murder. Tex. Penal Code Ann. § 19.03(a). Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071 §§ 2(b) and 2(e), the trial judge sentenced appellant to death. Article 37.071 § 2(g). [FN1] Direct appeal to this Court is automatic. Article 37.071 § 2(h). Appellant raises twenty-three points of error....

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In his fifteenth point of error, appellant claims the trial court erred in overruling his hearsay objection to testimony by Detective Valero that Gipp's name and phone number were listed in the address book belonging to Robert Fratta.

[33][34] Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. TEX. R. CRIM. EVID. 801(d). Thus, a statement which is not offered to prove the truth of the matter asserted, but is offered for some other reason, is not hearsay. Jones v. State, 843 S.W.2d 487, 499 (Tex.Crim.App.1992), cert. denied, 507 U.S. 1035, 113 S.Ct. 1858, 123 L.Ed.2d 479 (1993). Valero's testimony was not offered for the purpose of proving that the phone number was actually Gipp's. Rather, Valero's testimony was admissible as circumstantial evidence of the link between Gipp's boyfriend, Prystash and Robert Fratta, the conspiracy which ultimately involved appellant.

In Dinkins v. State, 894 S.W.2d 330, 347 (Tex.Crim.App.), cert. denied, 516 U.S. 832, 116 S.Ct. 106, 133 L.Ed.2d 59 (1995), the State offered into evidence an appointment book containing a name similar to the defendant's and a patient application form listing his name. We held these items were not hearsay, explaining that "[a]n extrajudicial statement or writing which is offered for the purpose of showing what was said rather than for the truth of the matter stated therein does not constitute hearsay." That reasoning applies here. The trial court did not err in overruling appellant's hearsay objection to Valero's testimony regarding the address book. Appellant's fifteenth point of error is overruled.

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The judgment of the trial court is affirmed.