Michael Sapien v. The State of Texas--Appeal from 371st District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-104-CR

MICHAEL SAPIEN APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION1

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A jury convicted Appellant Michael Sapien of felony driving while intoxicated and assessed his punishment at thirty-two years confinement in the Institutional Division of the Texas Department of Criminal Justice. The trial court sentenced him accordingly. Appellant brings a single point on appeal, arguing that the trial court erroneously granted the State s motion to strike a member of the venire for cause.

The law is well settled that a defendant must object when the challenge is granted, or he waives any error in the granting of the challenge.2 The record reflects no objection to the trial court s granting of the State s challenge of the venire member. Therefore, Appellant has failed to preserve his complaint for appellate review.3 We overrule his sole point on appeal and affirm the trial court s judgment.

LEE ANN DAUPHINOT

JUSTICE

PANEL A: CAYCE, C.J.; DAUPHINOT and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: May 12, 2005

NOTES

1. See Tex. R. App. P. 47.4.

2. Simpson v. State, 119 S.W.3d 262, 267 (Tex. Crim. App. 2003), cert. denied, 124 S. Ct. 2837 (2004).

3. See Tex. R. App. P. 33.1(a); Mendez v. State, 138 S.W.3d 334, 341 (Tex. Crim. App. 2004); Mosley v. State, 983 S.W.2d 249, 265 (Tex. Crim. App. 1998) (op. on reh g), cert. denied, 526 U.S. 1070 (1999).