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Rosilez v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 9, 2007
No. 14-06-00430-CR (Tex. App. Jan. 9, 2007)

Opinion

No. 14-06-00430-CR.

Filed January 9, 2007. DO NOT PUBLISH.

On Appeal from the 183rd District Court, Harris County, Texas, Trial Court Cause No. 985474.

Panel consists of Chief Justice HEDGES and Justices FOWLER and EDELMAN.


MEMORANDUM OPINION


Juan Joseph Rosilez appeals a conviction for aggravated sexual assault of a child on the ground that the trial court denied his Sixth Amendment right to compulsory process by refusing to permit the testimony of the complainant's brother to contradict the testimony of the complainant. However, to preserve an issue for appeal, the complaining party must make a specific request or objection and obtain a ruling. Additionally, the point of error on appeal must comport with the objection made at trial. Here, because appellant failed to assert at any time during the trial that the exclusion of this testimony was a denial of his constitutional right to present a defense or to compulsory process, appellant has not preserved that complaint for our review. Accordingly, his sole point of error is overruled, and the judgment of the trial court is affirmed. C. TEX. R. APP. P. 47.2(b).

A jury found appellant guilty and assessed punishment at life in confinement.

See TEX. R. APP. P. 33.1(a)(1)(A); Buchanan v. State, ___S.W.3d___, ___ (Tex.Crim.App. 2006); Wilson v. State, 71 S.W.3d 346, 349 (Tex.Crim.App. 2002); Gonzalez v. State, 714 S.W.2d 19, 25 (Tex.App.-Houston [1st Dist.] 1985, no pet.) (holding appellant's failure to object that his right to compulsory process had been violated waived the issue on appeal).

Sorto v. State, 173 S.W.3d 469, 476 (Tex.Crim.App. 2005), cert. denied, 126 S. Ct. 2982 (2006).


Summaries of

Rosilez v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jan 9, 2007
No. 14-06-00430-CR (Tex. App. Jan. 9, 2007)
Case details for

Rosilez v. State

Case Details

Full title:JUAN JOSEPH ROSILEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jan 9, 2007

Citations

No. 14-06-00430-CR (Tex. App. Jan. 9, 2007)

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