No. 14-02-00524-CR.
Memorandum Opinion Filed February 13, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
Appeal from the 185th District Court, Harris County, Texas, Trial Court Cause No. 884,480. Affirmed.
Before Justices ANDERSON, SEYMORE, and GUZMAN.
CHARLES W. SEYMORE, Justice
A jury found appellant, a citizen of El Salvador, guilty of aggravated robbery and sentenced him to fifteen years' confinement. Appellant contends in one point of error that the trial court erred in allowing the State's argument against probation. Specifically, the State argued that because appellant is not a United States citizen, he could be deported for his crime before complying with conditions of probation. Thus, the State argued that probation was not punishment at all. Appellant contends that this argument, during the punishment phase of the trial, was improper and caused substantial harm. We affirm.
Waiver of Appellate Review
"In order to preserve jury argument error for appellate review, the defendant must: `(1) make an objection; (2) request an instruction to disregard; and (3) make a motion for a mistrial.'" Cook v. State, 858 S.W.2d 467, 473 (Tex.Crim. App. 1993) (quoting Coe v. State, 683 S.W.2d 431, 436 (Tex.Crim. App. 1984)). In the instant case, appellant failed to fulfill any of these requirements, as he acknowledges in his brief. By failing to object and to procure a ruling, the appellant presents nothing for this court to review. Tex. R. App. P. 33.1; Reynolds v. State, 848 S.W.2d 785, 790 (Tex.App.-Houston [14th Dist.] 1993, pet. ref'd) (stating that an "[a]ppellant failed to preserve error by failing to procure a ruling and by failing to request a mistrial."). Accordingly, the judgment of the trial court is affirmed. Judgment rendered and Memorandum Opinion filed February 13, 2003.