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In Matter of P.R.P.

Court of Appeals of Texas, Tenth District, Waco
Jul 7, 2004
No. 10-03-00129-CV (Tex. App. Jul. 7, 2004)

Opinion

No. 10-03-00129-CV

Opinion delivered and filed July 7, 2004.

Appeal from the 9th District Court, Montgomery County, Texas, Trial Court # 02-04-02431 Jv.

Affirmed.

Jerrod Walker, Riley, Walker Dornburg, L.L.P., Conroe, TX, for appellant/respondent.

William L. Pattillo, Asst. County Attorney for Montgomery County, Conroe, TX, and David K. Walker, County Attorney for Montgomery County, Conroe, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


P.R.P. was adjudicated delinquent for committing the offense of assault on a public servant. The juvenile court placed him on probation for one year. We affirm.

In his sole issue, P.R.P. contends the trial court erred in admitting evidence of an extraneous offense alleged to have been committed by P.R.P. The State responds that P.R.P. did not preserve this complaint for our review because he neglected to object each time evidence about the extraneous offense was introduced.

Generally, a party must continue to object each time inadmissible evidence is offered, with two exceptions, only one of which is argued by P.R.P. Martinez v. State, 98 S.W.3d 189, 193 (Tex.Crim.App. 2003). The exception argued by P.R.P. allows a party to obtain a running objection. Id. P.R.P. obtained a running objection during the testimony of the first witness to testify about the alleged extraneous offense. But an attempt to preserve error by using a running objection runs the risk of failing to comply with Rule 33.1. TEX. R. APP. P. 33.1. Thus, an advocate who lodges a running objection should take pains to make sure it does not encompass too broad a reach of subject matter over too broad a time or over different witnesses. Sattiewhite v. State, 786 S.W.2d 271, 283 n. 4 (Tex.Crim.App. 1989); see also In the Interest of A.P., 42 S.W.3d 248, 260 (Tex. App.-Waco 2001, no pet.). P.R.P. did not object when the State introduced this same evidence through a different witness. P.R.P. failed to preserve this complaint. Thus, nothing is presented for our review. Tex.R.App.P. 33.1.

The trial court's judgment is affirmed.


Summaries of

In Matter of P.R.P.

Court of Appeals of Texas, Tenth District, Waco
Jul 7, 2004
No. 10-03-00129-CV (Tex. App. Jul. 7, 2004)
Case details for

In Matter of P.R.P.

Case Details

Full title:IN THE MATTER OF P.R.P., A JUVENILE

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jul 7, 2004

Citations

No. 10-03-00129-CV (Tex. App. Jul. 7, 2004)