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Griffin v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 30, 2009
No. 05-08-00170-CR (Tex. App. Mar. 30, 2009)

Opinion

No. 05-08-00171-CR

Opinion issued March 30, 2009. DO NOT PUBLISH. Tex. R. App. P. 47

On Appeal from the 422nd District Court, Kaufman County, Texas, Trial Court Cause No. 25359-422.

Before Justices MORRIS, FRANCIS, and MURPHY.


MEMORANDUM OPINION


A jury convicted Daniel Joseph Griffin of murder. He now complains in a single issue that the trial court erred by failing to suppress his videotaped confession. Concluding appellant's complaint is without merit, we affirm the trial court's judgment. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. In his sole issue on appeal, appellant complains the trial court failed to suppress his videotaped confession. Before trial, defense counsel filed a motion to suppress appellant's statements. As appellant admits, however, defense counsel later withdrew the motion before it was argued. Moreover, when the State offered the videotaped confession into evidence, defense counsel stated that the defense had "no objection" to its admission. Accordingly, because appellant failed to object to the videotape's admission into evidence at trial, he may not complain on appeal about the trial court's failure to suppress it. See Tex. R. App. P. 33.1(a); Moody v. State, 827 S.W.2d 875, 889 (Tex.Crim.App. 1992). We resolve appellant's sole issue against him.

In the same proceeding, the jury also convicted appellant of two counts of aggravated sexual assault.


Summaries of

Griffin v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 30, 2009
No. 05-08-00170-CR (Tex. App. Mar. 30, 2009)
Case details for

Griffin v. State

Case Details

Full title:DANIEL JOSEPH GRIFFIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 30, 2009

Citations

No. 05-08-00170-CR (Tex. App. Mar. 30, 2009)