Opinion
No. 10-03-00380-CR
Opinion delivered and filed April 13, 2005. DO NOT PUBLISH.
Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 2003-549-C.
Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA. (Justice Vance concurring with note)
"(Justice Vance concurs. See Parker v. State, 119 S.W.3d 350, 357 (Tex.App.-Waco 2003, pet. ref'd). This opinion simply concludes, without facts to justify the decision, that the issue was not preserved for review. However, Rivera objected to the charge, and the State does not urge a lack of preservation.)"
MEMORANDUM OPINION
A jury found Johnny Edward Rivera guilty of Aggravated Assault. He pled true to a prior conviction of murder which enhanced his punishment range. The jury assessed punishment at 80 years in prison. We affirm. In one issue, Rivera contends that as applied to him, it was a violation of due process and due course of law for the trial court to include in the jury charge an instruction on parole mandated by article 37.07, section 4(a) of the Code of Criminal Procedure. Complaints about the constitutionality of a statute as applied to a defendant must be raised by a specific, timely objection. Curry v. State, 910 S.W.2d 490, 496 (Tex.Crim.App. 1995). Rivera objected to the inclusion of the parole instruction in the charge but failed to specifically object that it violated the due process clause of the United States Constitution or that it violated the due course of law provision of the Texas Constitution. Because no timely, specific objection was made, this issue is not preserved for our review. Id. See also, TEX. R. APP. P. 33.1. Having no issue preserved for review, the judgment of the trial court is affirmed.