Leonard C. Gonzales v. State ( 2006 )

NO. 07-05-0096-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JUNE 29, 2006
______________________________
LEONARD GONZALES, a/k/a MANUEL GONZALEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2004-406,411; HON. CECIL G. PURYEAR, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., REAVIS, and CAMPBELL, JJ.
Leonard Gonzales, a/k/a Manuel Gonzalez (appellant) appeals his conviction for
burglary of a habitation with intent to commit sexual assault. His two issues concern
comments made by the prosecutor during voir dire. The comments involved the
punishment to which the appellant could be subjected and the existence of “special
circumstances” warranting an automatic life sentence.1 We affirm the judgment.
1
Th e trial court, as opp ose d to the jury, was to asse ss p unishm ent.
The record discloses that appellant voiced no objection to the trial court about the
comments at issue. Uttering a timely objection was required to preserve his complaint.
See Turner v. State, 805 S.W.2d 423, 431 (Tex. Crim. App. 1991) (requiring a
contemporaneous objection to conduct occurring at voir dire to preserve the complaint for
review); Ross v. State, 154 S.W.3d 804, 807 (Tex. App.–Houston [14th Dist.] 2004, pet.
ref’d) (holding the same). Having failed to object, the complaints were waived.
Overruling appellant’s two issues, we affirm the judgment of the trial court.
Per Curiam
Do not publish.
2