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Jasman v. State

Court of Appeals of Texas, Fifth District, Dallas
May 8, 2008
No. 05-07-01161-CR (Tex. App. May. 8, 2008)

Opinion

No. 05-07-01161-CR

Opinion issued May 8, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47

On Appeal from the 382nd Judicial District Court Rockwall County, Texas, Trial Court Cause No. 2-07-24.

Before Justices MORRIS, WHITTINGTON, and O'NEILL.


MEMORANDUM OPINION


James Blake Jasman appeals his conviction for indecency with a child. After finding appellant guilty, the jury assessed punishment at ten years' confinement and a $10,000 fine, each probated for ten years. In three points of error, appellant claims the trial judge erred in (i) refusing the jury's request to view certain evidence during deliberations and (ii) overruling his objections to certain statements made by the prosecutor during closing. We affirm the trial court's judgment. In his first point of error, appellant claims the trial judge erred in refusing the jury's request to view State's Exhibit No. 13, a surveillance video. The record, however, belies his claim. After retiring to deliberate, the judge received a note indicating the jurors needed to watch the surveillance video again. The jury returned to the courtroom and watched the seventeen-minute portion of the two-hour video depicting appellant entering and leaving a Rockwall High School bathroom near a gymnasium. Because the record shows the trial judge brought the jury into the courtroom and the video was played for the jury, we conclude appellant's argument lacks merit. Furthermore, to the extent he attempts to argue the courtroom viewing restricted the jury's ability to deliberate freely, appellant did not object at the time the jury entered the courtroom to view the video, nor did he object during or after the viewing. See Tucker v. State, 990 S.W.2d 261, 262 (Tex.Crim.App. 1999) (to present complaint for appellate review, appellant must show complaint was made to trial judge by timely request, objection, or motion sufficiently specific to make judge aware of grounds of complaint and judge ruled adversely or refused to rule). We overrule appellant's first point of error. In his second and third points of error, appellant claims the trial judge erred in allowing the prosecutor to attack defense counsel and appellant during closing argument. As a prerequisite to presenting a complaint on appeal, Texas Rule of Appellate Procedure 33.1 requires the record show the complaint was timely made to the trial court, the grounds were specifically stated or were readily apparent from the context, the complaint complied with the rules of evidence or appellate procedure, and the trial judge ruled on the objection. Tex. R. App. P. 33.1(a); Ibarra v. State, 11 S.W.3d 189, 197 (Tex.Crim.App. 1999). "Except for complaints involving fundamental constitutional systemic requirements which are not applicable here, all other complaints based on a violation of both constitutional and statutory rights are waived by failure to comply with Rule 33.1." Ibarra, 11 S.W.3d at 197. Although appellant alleges the prosecutor made two objectionable statements during closing, in each instance, appellant failed to secure a ruling on his objections from the trial judge. A defendant's failure to "pursue to an adverse ruling his objection to a jury argument forfeits his right to complain about the argument on appeal." Cockrell v. State, 933 S.W.2d 73, 89 (Tex.Crim.App. 1996). Because he did not secure a ruling on his objections, appellant has not preserved these complaints for our review. We overrule appellant's second and third points of error.

We affirm the trial court's judgment.


Summaries of

Jasman v. State

Court of Appeals of Texas, Fifth District, Dallas
May 8, 2008
No. 05-07-01161-CR (Tex. App. May. 8, 2008)
Case details for

Jasman v. State

Case Details

Full title:JAMES BLAKE JASMAN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 8, 2008

Citations

No. 05-07-01161-CR (Tex. App. May. 8, 2008)