Thomas H. Young v. State

Opinion

NO. 07-04-0069-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

DECEMBER 7, 2005 ______________________________

THOMAS H. YOUNG,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2003-404,581; HON. JIM B. DARNELL, PRESIDING _______________________________

Memorandum Opinion _______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Thomas H. Young appeals his convictions for possessing with intent to deliver and

manufacturing a controlled substance (namely methamphetamine). His three issues

concern the admission of evidence of an extraneous offense. We overrule the issues and

affirm the judgment for the following reason.

The evidence in question involved discussion by an officer of an incident occurring

after the offense for which appellant was tried. Furthermore, appellant objected to the testimony under Texas Rules of Evidence 401, 403 and 404. The objections were

overruled, and the testimony continued. After the parties completed their examination of

this particular officer, another was called by the State. This officer also testified about the

same incident but without objection from the appellant. Moreover, the appellant had not

requested or obtained a running objection when the incident was discussed by the first

officer. Given these circumstances, the objection was waived. Leday v. State, 983 S.W.2d

713, 718 (Tex. Crim. App. 1998).

Accordingly, the judgment of the trial court is affirmed.

Brian Quinn Chief Justice

Do not publish.