Brian Amaro v. State of Texas

• Court: Court of Appeals of Texas
• Decided: July 25, 2001
• Docket: 04-00-00461-CR
• Status: Published

Opinion

No. 04-00-00461-CR

Brian AMARO,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 1999-CR-4839

Honorable Raymond Angelini, Judge Presiding

Opinion by: Tom Rickhoff, Justice

Sitting: Tom Rickhoff, Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: July 25, 2001

AFFIRMED

A jury found appellant, Brian Amaro, guilty of murder and assessed punishment at twenty years' confinement. Because appellant did not preserve error, we affirm.

At trial, appellant lodged the following objection to the statements: "Judge, any response made by the Defendant with regard to wanting to give a statement or not give a statement would be a violation of his right to remain silent and post arrest. And in the hearing made outside of the presence of the jury earlier [sic] was my understanding that we were just going to go into the statements that he gave that the Court ruled were voluntary. And now that we have the jury out, I guess what I'd like to do is kind of particularize and set the perimeters for exactly - - -." However, on appeal, appellant asserts the trial court erred by admitting several prior inconsistent statements from appellant's oral confession for impeachment purposes because the proper predicate had not been laid.

Because appellant's trial objection does not comport with the issue raised on appeal, he has preserved nothing for review. Tex. R. App. P. 33.1(a); Knox v. State, 934 S.W.2d 678, 687 (Tex. Crim. App. 1996).

Tom Rickhoff, Justice

DO NOT PUBLISH