Clifton Ellis v. State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2002
• Docket: 04-01-00118-CR
• Status: Published

Opinion

No. 04-01-00118-CR

Clifton ELLIS,

Appellant

v.

STATE of Texas,

Appellee

From the 186th Judicial District Court, Bexar County, Texas

Trial Court No. 1990-CR-1311

Honorable Samuel Katz, Judge Presiding

Memorandum Opinion

Opinion by: Paul W. Green, Justice

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice ⁽¹⁾

Paul W. Green, Justice

Delivered and Filed: January 9, 2002

AFFIRMED

Because the issues in this appeal involve the application of well-settled principles of law, we affirm the conviction in this memorandum opinion under Tex. R. App. P. 47.1 for the following reasons:

1. Considering the conflicting testimony presented at the revocation hearing, the trial court did not abuse its discretion in finding Ellis had assaulted his wife in violation of his probation terms. Jackson v. State, 915 S.W.2d 104, 106 (Tex.App. - San Antonio 1996, no pet.). We overrule Ellis's first issue.

2. Because Ellis failed to object at trial regarding the reliability of the drug testing equipment and results, he waived his second issue. Tex. R. App. P. 33.1(a); Nations v. State, 944 S.W.2d 795, 799 (Tex.App. -Austin 1997, pet. ref'd).

3. Holding the trial court did not abuse its discretion by considering evidence outside the record or in "assessing a punishment which is excessive in light of the specific facts," we overrule Ellis's third issue .

The judgment is affirmed.

PAUL W. GREEN,

JUSTICE

DO NOT PUBLISH

1.

J. Rickhoff not participating.