Opinion
NO. 02-12-00195-CR
02-28-2013
Allen James Chiles v. The State of Texas
From the 432nd District Court
of Tarrant County (1206769D)
Opinion by Justice Dauphinot
(nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that there was no error in the trial court's judgment. It is ordered that the judgment of the trial court is affirmed.
SECOND DISTRICT COURT OF APPEALS
By ____________________________
Justice Lee Ann Dauphinot
NO. 02-12-00195-CR
ALLEN JAMES CHILES APPELLANT
V. THE STATE OF TEXAS STATE
FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Allen James Chiles challenges the admission of his custodial statement because there was no affirmative waiver of his constitutional rights included in the Miranda warnings. When a pretrial motion to suppress is denied, as in the case now before this court, the accused is not required to object at trial to the admission of the evidence he sought to suppress. When, however, he affirmatively states during trial that he has "no objection" to the admission of the complained-of evidence, as did Appellant, he forfeits any error in the admission of the evidence at trial, despite any error in the pretrial ruling. Consequently, Appellant presents nothing for review. We overrule his sole point and affirm the trial court's judgment.
Miranda v. Arizona, 384 U.S. 436, 475, 86 S. Ct. 1602, 1628 (1966).
Moraguez v. State, 701 S.W.2d 902, 904 (Tex. Crim. App. 1986).
Seeid.
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LEE ANN DAUPHINOT
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT and MCCOY, JJ. LIVINGSTON, C.J., concurs without opinion. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)