Leyva, Reyes G. v. State

• Court: Court of Appeals of Texas
• Decided: February 3, 2005
• Docket: 14-02-00849-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed February 3, 2005

Affirmed and Memorandum Opinion filed February 3, 2005.

In The

Fourteenth Court of Appeals

_______________

NO. 14-02-00849-CR

REYES G. LEYVA, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 882,411

M E M O R A N D U M   O P I N I O N

Reyes G. Leyva appeals the ten-year sentence on his conviction for kidnaping on the ground that the trial court erred in not ordering a pre-sentence investigation report to determine the appropriateness of a drug or alcohol treatment program prior to sentencing.^[1]

However, because Leyva signed a written waiver of any right to have such a report prepared and failed to object to the absence of the report, his sole issue presents nothing for our review.  Accordingly, it is overruled, and the judgment of the trial court is affirmed.

/s/        Richard H. Edelman

Justice

Judgment rendered and Memorandum Opinion filed February 3, 2005.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).

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^[1]           See Tex. Code Crim. Proc. Ann. art. 42.12 ' 9(h) (2) (Vernon Supp. 2004) (A[o]n a determination by the judge that alcohol or drug abuse may have contributed to the commission of the offense . . . the judge shall direct . . . an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant . . . .  The evaluation shall be made after conviction and before sentencing, if the judge assesses punishment in the case.@).