Linda Gale Coleman v. State

• Court: Court of Appeals of Texas
• Decided: September 1, 2010
• Docket: 10-09-00336-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-09-00336-CR

LINDA GALE COLEMAN, Appellant v.

THE STATE OF TEXAS, Appellee

From the 278th District Court Leon County, Texas Trial Court No. CM-08-400

MEMORANDUM OPINION

Linda Coleman made an open plea of guilty to possession of cocaine in an

amount greater than 4 grams but less than 200 grams. TEX. HEALTH & SAFETY CODE

ANN. § 481.115(a), (d) (Vernon 2010). The trial court sentenced her to seven years in

prison. We affirm.

Coleman’s sole issue on appeal is that the trial court erred in excluding evidence

of the opinion of the probation officer who prepared the Pre-sentence Investigation

report. Specifically, Coleman complains that she was denied the right to present

opinion testimony on her likelihood of successfully completing probation. At the punishment hearing, the probation officer was asked if she could form an

opinion about whether or not she believed Coleman could successfully complete

probation. The State objected; and after an explanation by the State, the trial court

sustained the objection. No offer of proof was made as to what the probation officer’s

answer would have been. Absent a showing of what such testimony would have been,

or an offer of a statement concerning what the excluded evidence would show, nothing

is presented for review. Guidry v. State, 9 S.W.3d 133, 153 (Tex. Crim. App. 1999).

Accordingly, Coleman’s sole issue is overruled.

The trial court’s judgment is affirmed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Affirmed Opinion delivered and filed September 1, 2010 Do not publish [CR25]

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