Opinion
No. 05-03-01129-CR
Opinion Filed August 2, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-51493-VN. Affirm.
Before Justices MORRIS, MOSELEY, and FITZGERALD.
MEMORANDUM OPINION
After pleading guilty without a plea bargain, Jason Antonio Duffey was convicted of indecency with a child younger than seventeen years. The trial court sentenced Duffey to ten years' confinement and a fine of $10,000. In two points of error, Duffey asserts the trial court erred by allowing hearsay testimony concerning earlier comments Duffey made to a third party, and admitting evidence of extraneous offenses. The background of the case and the evidence adduced at trial are well known to the parties; thus, we do not recite them here in detail. Because all dispositive issues are settled in law, we issue this memorandum opinion. Tex.R.App.P. 47.2(a), 47.4. We affirm the trial court's judgment. In his first point of error, Duffey contends the trial court erred by permitting hearsay testimony from the complainant, in violation of his Sixth Amendment constitutional right to confront witnesses. However, defense counsel failed to make a timely objection asserting his constitutional right to confront witnesses in the trial court. Thus, any error is waived. See Tex.R.App.P. 33.1; Broxton v. State, 909 S.W.2d 912, 918 (Tex.Crim.App. 1995) (even constitutional error waived by failure to object). We overrule Duffey's first point of error. In his second point of error, Duffey complains the trial court erred by admitting evidence of extraneous offenses. Duffey's mother testified concerning his prior misdemeanor marijuana convictions. Again, defense counsel failed to timely object regarding this testimony. Thus, he has again waived any error. Tex.R.App.P. 33.1. We overrule Duffey's second point of error. We affirm the judgment of the trial court.