Charles Bailey, Jr. v. The State of Texas--Appeal from 299th District Court of Travis County

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Laws-info.com » Cases » Texas » 3rd District Court of Appeals » 1992 » Charles Bailey, Jr. v. The State of Texas--Appeal from 299th District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-91-00426-CR

Case Date: 10/14/1992

Plaintiff: Charles Bailey, Jr.

Defendant: The State of Texas--Appeal from 299th District Court of Travis County

Preview:Jerry Thomas Goad v. The State of Texas--Appeal from 40th District Court of Ellis County
IN THE TENTH COURT OF APPEALS

No. 10-02-00293-CR

JERRY THOMAS GOAD, Appellant v.

THE STATE OF TEXAS, Appellee

From the 40th District Court Ellis County, Texas Trial Court # 26,260-CR MEMORANDUM OPINION Jerry Thomas Goad pled guilty to the murder of Stacey Jones and requested punishment to be determined by a jury. The jury assessed Goad s punishment at life in prison. Goad raises two issues on appeal. We affirm. Goad was stopped in Dallas, Texas, for committing traffic violations. During the stop, officers noticed the smell of a dead body. A weapon was found in the vehicle, and Goad was arrested. He later confessed to killing Jones, a Smith County resident, and depositing her body in Ellis County. Goad filed a motion to suppress, and a hearing was held. The trial court partially granted his motion. In two issues, Goad contends the trial court erred in not suppressing: (1) the bundle of driver s licenses and his wallet because the pat-down search was improper, and (2) all the evidence found in the vehicle he was driving because his consent was involuntary. Goad never made the argument to the trial court that the pat-down search was illegal or that the driver s licenses and wallet should be suppressed because of that illegal search. He only argued that the traffic stop was invalid. We cannot reverse a trial court s decision on a legal theory not presented to the trial court by the complaining party. Hailey v. State, 87 S.W.3d 118, 122 (Tex. Crim. App. 2002); State v. Mercado, 972 S.W.2d 75, 77-78 (Tex. Crim. App. 1998).

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Goad has not preserved his complaint for our review. Tex. R. App. P. 33.1. His first issue is overruled. At trial, Goad affirmatively had no objection to the evidence admitted that was seized from the vehicle he was driving. When an accused affirmatively asserts that he has no objection to the admission of the complained of evidence, he waives any error in the admission of the evidence despite a pretrial ruling such as a motion to suppress. Dean v. State, 749 S.W.2d 80, 83 (Tex. Crim. App. 1988). See also Price v. State, No. 10-01-00391-CR, 2004 Tex. App. Lexis 2688, *22 (Tex. App. Waco March 24, 2004, no pet.)(not designated for publication). Goad waived the error of which he complains. His second issue is overruled.

Having overruled each of Goad s issues on appeal, the judgment of the trial court is affirmed. TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Vance, and Justice Reyna // Affirmed Opinion delivered and filed May 26, 2004 Do not publish [CRPM]

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