Thomas H. Young v. State ( 2005 )

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Do not publish.
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