DAVID HORTON v. GINNY BYERLEY AND HARRIS BYERLEY--Appeal from County Court at Law No 2 of Cameron County

State: Texas

Court: Texas Northern District Court

Docket No: 13-02-00546-CV

Case Date: 12/09/2004

Plaintiff: DAVID HORTON

Defendant: GINNY BYERLEY AND HARRIS BYERLEY--Appeal from County Court at Law No 2 of Cameron County

Preview:Robert Gomez v. State of Texas--Appeal from 290th
Judicial District Court of Bexar County
No. 04-00-00511-CR
Robert GOMEZ,
Appellant
v.
STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CR-0682
Honorable Sharon MacRae, Judge Presiding
Memorandum Opinion
Opinion by: Paul W. Green, Justice
Sitting: Alma L. L pez, Justice
Paul W. Green, Justice
Karen Angelini, Justice
Delivered and Filed: May 30, 2001
AFFIRMED
Because the issue in this appeal involves the application of well-settled principles of law, we affirm the conviction in
this memorandum opinion. Tex. R. App. P. 47.1. The trial court did not improperly comment on the evidence in this
case for the following reasons:
1. Gomez did not object to the comments at trial; therefore, he waived his right to complain on appeal. Gibbs v. State,
7 S.W.3d 175, 178 (Tex. App.-Houston [1st Dist.] 1999, pet. ref'd); see Green v. State, 912 S.W.2d 189, 192 (Tex.
Crim. App. 1995).
2. Further, the trial court's comments were not reasonably calculated to benefit the State or to prejudice the defendant's
rights. Tex. Code Crim. Proc. Ann. art. 38.05 (Vernon 1997); Garcia v. State, 427 S.W.2d 897, 899 (Tex. Crim. App.
1968); Hoang v. State, 997 S.W.2d 678, 681-83 (Tex. App.-Texarkana 1999, no pet.).
The judgment is affirmed.
PAUL W. GREEN,
JUSTICE
DO NOT PUBLISH
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