Olguin v. State

Full title: RICARDO CASTILLO OLGUIN APPELLANT v. THE STATE OF TEXAS STATE

Court: Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 14, 2003

No. 2-02-433-CR (Tex. App. Aug. 14, 2003)

Opinion

No. 2-02-433-CR

Delivered: August 14, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

From The 158Th District Court Of Denton County.

Before Panel F: CAYCE, C.J.; GARDNER and WALKER, JJ.

Coby Waddill, Denton, for Appellant. Bruce Isaacks, Criminal District Attorney, and Catherine Luft, Paul Johnson, Lori Moraine, and Jimmy Angelino, Asst. District Attorneys, Denton, for Appellee.

MEMORANDUM OPINION¹

1 See Tex.R.App.P. 47.4.

PER CURIAM

Ricardo Castillo Olguin appeals from his conviction for driving while intoxicated. In a single point, appellant complains that the trial court improperly admitted his intoxilyzer test results into evidence because the State failed to lay a proper foundation for their admission. This complaint is waived because a videotape on which the officer who administered the test could be heard telling appellant what the test results were had previously been published to the jury without objection. See Leday v. State, 983 S.W.2d 713, 718 (Tex.Crim.App. 1998). We overrule appellant's point and affirm the trial court's judgment.