Allen James Chiles v. State

Opinion

02-12-195-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00195-CR

Allen James Chiles v. The State of Texas

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From the 432nd District Court of Tarrant County (1206769D) February 28, 2013 Opinion by Justice Dauphinot (nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there was no error in the trial court’s judgment.  It is ordered that the judgment of the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By_________________________________

    Justice Lee Ann Dauphinot

Allen James Chiles		APPELLANT
The State of Texas		STATE

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FROM THE 432nd District Court OF Tarrant COUNTY

MEMORANDUM OPINION[1]

Appellant Allen James Chiles challenges the admission of his custodial statement because there was no affirmative waiver of his constitutional rights included in the Miranda warnings.[2]  When a pretrial motion to suppress is denied, as in the case now before this court, the accused is not required to object at trial to the admission of the evidence he sought to suppress.[3]  When, however, he affirmatively states during trial that he has “no objection” to the admission of the complained-of evidence, as did Appellant, he forfeits any error in the admission of the evidence at trial, despite any error in the pretrial ruling.[4]  Consequently, Appellant presents nothing for review.  We overrule his sole point and affirm the trial court’s judgment.

LEE ANN DAUPHINOT JUSTICE

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and MCCOY, JJ.

LIVINGSTON, C.J., concurs without opinion.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  February 28, 2013

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

[2]Miranda v. Arizona, 384 U.S. 436, 475, 86 S. Ct. 1602, 1628 (1966).

[3]Moraguez v. State, 701 S.W.2d 902, 904 (Tex. Crim. App. 1986).

[4]See id.