William Joseph Lee v. State ( 2015 )


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  •                                       In The
    Court of Appeals
    Ninth District of Texas at Beaumont
    ____________________
    NO. 09-13-00569-CR
    ____________________
    WILLIAM JOSEPH LEE, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    ___________________________________________________________________
    On Appeal from the 221st District Court
    Montgomery County, Texas
    Trial Cause No. 13-09-10178 CR
    ___________________________________________________________________
    MEMORANDUM OPINION
    A jury convicted William Joseph Lee of failure to register as a sex offender.
    The trial court found two enhancement paragraphs to be “true” and sentenced Lee
    to thirty-six years in prison. In two appellate issues, Lee contends that (1) the
    statute of limitations had run for failure to register as a sex offender; and (2) the
    trial judge who assessed punishment missed part of the trial and failed to review
    the record from the missed proceedings. We affirm the trial court’s judgment.
    1
    Statute of Limitations
    In issue one, Lee contends that his prosecution for failure to register as a sex
    offender is barred by the three-year statute of limitations. If the defendant fails to
    object to the indictment “before the date on which the trial on the merits
    commences,” (emphasis added) the complaint is waived and may not be raised on
    appeal. Tex. Code Crim. Proc. Ann. art. 1.14(b) (West 2005). A “‘trial on the
    merits’ begins when the jury is impaneled and sworn.” Sanchez v. State, 
    138 S.W.3d 324
    , 329 (Tex. Crim. App. 2004). In this case, on the same day that the
    jury was empaneled and sworn, Lee moved to quash the indictment on statute of
    limitations grounds. Thus, Lee waived his complaint and we overrule issue one.
    See Tex. Code Crim. Proc. Ann. art. 1.14(b); see also Ex parte Heilman, 
    456 S.W.3d 159
    , 168 (Tex. Crim. App. 2015) (A limitations defense is a forfeitable
    right.); 
    Sanchez, 138 S.W.3d at 329
    .
    Punishment
    In issue two, Lee complains that the trial court failed to consider all the
    evidence when assessing punishment. According to the record, Lee collapsed
    during his testimony at the guilt/innocence phase of trial. Lee’s counsel objected to
    a continuance and sought a mistrial. The Honorable P.K. Reiter informed the
    parties that the Honorable Lisa Michalk could complete the trial. Lee argued that
    2
    changing judges would be unduly prejudicial because he chose to have Judge
    Reiter assess punishment and would have wanted the jury to assess punishment
    had he known Judge Michalk would be presiding. Judge Reiter recessed the trial
    and agreed to preside over the punishment phase. In response to Lee’s concerns
    that he would miss the remainder of Lee’s testimony, Judge Reiter stated that he
    could read a transcript of the testimony.
    During punishment, Judge Reiter stated that he would consider all the
    evidence that he heard “to the point to which [Lee] fell out on the afternoon of
    October 9th[.]” Lee testified at length during the punishment phase of trial. The
    record does not indicate that Lee objected to Judge Reiter presiding over the
    punishment phase or to Judge Reiter’s comment regarding which evidence he
    intended to consider. Having failed to make a timely and specific objection, Lee
    has failed to preserve issue two for appellate review and we overrule it. See Layton
    v. State, 
    280 S.W.3d 235
    , 239 (Tex. Crim. App. 2009) (“A specific objection is
    necessary to inform the trial judge of the issue and basis of the objection, and to
    allow the judge a chance to rule on the issue at hand.”); see also Tex. R. App. P.
    33.1(a)(1)(A). We affirm the trial court’s judgment.
    3
    AFFIRMED.
    ______________________________
    STEVE McKEITHEN
    Chief Justice
    Submitted on May 18, 2015
    Opinion Delivered May 27, 2015
    Do Not Publish
    Before McKeithen, C.J., Kreger and Johnson, JJ.
    4
    

Document Info

Docket Number: 09-13-00569-CR

Filed Date: 5/27/2015

Precedential Status: Precedential

Modified Date: 10/16/2015