Diana Salinas v. State ( 1999 )

No. 04-98-00356-CR

Diana SALINAS, Appellant

v.

STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 96-CR-5120-B Honorable Terry McDonald, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Tom Rickhoff, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: July 30, 1999

AFFIRMED

Diana Salinas appeals the trial court's judgment convicting her of aggravated assault with a deadly weapon and sentencing her to twenty years in prison. We affirm.

Jury Charge

In her first point of error, Salinas contends the trial court reversibly erred in refusing to limit the definitions of the culpable mental states to the result of her conduct. See Cook v. State, 884 S.W.2d 485, 491 (Tex. Crim. App. 1994). However, as the State points out, the application paragraph on aggravated assault instructed the jury to find Salinas guilty of aggravated assault only if it found she "intentionally or knowingly cause[d] bodily injury to Raul Ybarra, by cutting or stabbing the said Raul Ybarra with said deadly weapon, or caused serious bodily injury to Raul Ybarra ...." Accordingly, the claimed error is not reversible. Barcenes v. State, 940 S.W.2d 739, 743-44 (Tex. App.--San Antonio 1997, pet. ref'd). We therefore overrule Salinas' first point of error.

Jury Argument

In her second point of error, Salinas argues the trial court erred in overruling her objections to improper argument by the prosecutor during the punishment phase. However, as detailed in the State's brief, Salinas did not preserve the alleged errors under the rules set forth in Cockrell v. State, 933 S.W.2d 73, 89 (Tex. Crim. App. 1996), cert. denied, 520 U.S. 1173 (1997) and Burks v. State, 876 S.W.2d 877, 908 (Tex. Crim. App. 1994), cert. denied, 513 U.S. 1114 (1995). See Jones v. State, 900 S.W.2d 392, 397 (Tex. App.--San Antonio 1995, pet. ref'd). We therefore overrule Salinas' second point of error and affirm the judgment.

Sarah B. Duncan, Justice

Do not publish