Summary
holding that by failing to object to trial court's consideration of PSI report, defendant forfeited his contention that statements contained in report violated the Confrontation Clause of the Sixth Amendment
Summary of this case from Reyes v. StateOpinion
No. 2-04-434-CR
Delivered: April 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from the 396th District Court of Tarrant County.
Panel A: CAYCE, C.J., DAUPHINOT and McCOY, JJ.
MEMORANDUM OPINION
See Tex.R.App.P. 47.4.
Appellant Michael Dean Fisher was charged with unlawful possession of a firearm by a felon, and he entered an open plea of guilty. A pre-sentence investigation report ("PSI") was compiled and considered by the trial court without objection, and the trial court sentenced Appellant to ten years' confinement. Appellant contends that three statements contained in the PSI violate the Confrontation Clause of the Sixth Amendment. Appellant objects to the following statements in the PSI: (1) a witness's general statement that when Appellant is not on his medications, he is dangerous; (2) A Treatment Alternative to Incarceration Program counselor's statement, in reference to Appellant's attempts at drug treatment, that "all drug addicts want it their way"; and (3) the statement by the PSI investigator concluding that Appellant "may or may not have a mental health condition, but whether he does or not, it is not a defense to knowingly carrying a loaded weapon with a silver-colored bullet with the word `cop' on it." To preserve a complaint for our review, a party must have presented to the trial court a timely request, objection, or motion that states the specific grounds for the desired ruling if they are not apparent from the context of the request, objection, or motion. Further, the trial court must have ruled on the request, objection, or motion, either expressly or implicitly, or the complaining party must have objected to the trial court's refusal to rule. Because Appellant failed to object to the trial court's consideration of the PSI in the trial court, he has forfeited his complaint on appeal. We overrule Appellant's sole point and affirm the trial court's judgment.
See Tex. Penal Code Ann. § 46.04(a) (Vernon Supp. 2004-05).
Tex.R.App.P. 33.1(a)(1); Mosley v. State, 983 S.W.2d 249, 265 (Tex.Crim.App. 1998) (op. on reh'g), cert. denied, 526 U.S. 1070 (1999).
Tex.R.App.P. 33.1(a)(2); Mendez v. State, 138 S.W.3d 334, 341 (Tex.Crim.App. 2004).