Opinion
No. 09-03-590 CR
Submitted on May 24, 2004.
Opinion Delivered August 11, 2004. DO NOT PUBLISH.
On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 85,550.
Before McKEITHEN, C.J., BURGESS, and GAULTNEY, JJ.
MEMORANDUM OPINION
A jury convicted Michael R. West of assault on a public servant. West pleaded true to the enhancement paragraphs and the jury assessed punishment at confinement for life in the Texas Department of Criminal Justice, Institutional Division. In his first point of error, West contends the trial court abused its discretion in denying defense counsel's motion pursuant to Texas Rule of Evidence 404 to prohibit the State from impeaching appellant with prior convictions at guilt-innocence due to the prejudicial effect of the evidence. West's second point claims the trial court abused its discretion in denying defense counsel's request to allow the defendant to testify free of impeachment by prior convictions because the court failed to weigh the evidence's probative value against its prejudicial effect pursuant to Texas Rule of Evidence 609(a), and (b). The record reflects defense counsel requested West "be allowed to testify free of impeachment of his prior felony record." The trial court denied that request. No further objection was made, either under Rule 404 or 609. Tex. R. Evid. 404, 609. Accordingly, the issues presented on appeal do not comport with the relief sought from the trial court and nothing is preserved for our review. See Tex.R.App.P. 33.1(a)(1)(A). Points of error one and two are overruled. The judgment of the trial court is AFFIRMED.