Opinion
No. 10-04-00005-CR
Memorandum opinion delivered and filed June 1, 2005. DO NOT PUBLISH.
Appeal from the County Court at Law No. 2, Johnson County, Texas, Trial Court # M200200470. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA. (Justice VANCE concurring with note)
"(Justice Vance concurs. I believe that we owe it to the litigants, the higher courts, the Bench and Bar, and the public generally to provide more of the facts and our analysis in memorandum opinions, particularly when we short-circuit appellant's argument by saying he has not complained about a ruling on evidence that appellant's brief specifically says was offered again without a further objection by the State.)"
MEMORANDUM OPINION
Appellant appeals her conviction for misdemeanor driving while intoxicated. See TEX. PENAL CODE ANN. § 49.04(a)-(b) (Vernon 2003). We affirm. In her sole issue, Appellant contends that the trial court erred in permitting her motion for new trial to be overruled by operation of law. Appellant argues that the jury committed misconduct. See Tex.R.App.P. 21.3(g). At the hearing on the motion, the State objected to testimony of jurors under Rule 606. See TEX. R. EVID. 606(b). The trial court sustained the objections. On appeal, Appellant points only to testimony that her counsel elicited as offers of proof. See id. 103(b). Appellant does not contend that the trial court erred in sustaining the State's objections to the testimony. The trial court did not abuse its discretion. See Salazar v. State, 38 S.W.3d 141, 148 (Tex.Crim.App. 2001). We overrule Appellant's issue. We affirm the judgment.