Kevin Wayne Gilbert v. State of Texas--Appeal from 240th District Court of Fort Bend County
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NO. 07-00-0349-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E JANUARY 8, 2003 ______________________________ KEVIN WAYNE GILBERT, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 240TH DISTRICT COURT OF FORT BEND COUNTY; NO. 32179; HONORABLE OGDEN BASS, JUDGE _______________________________ Before QUINN and REAVIS, JJ. and BOYD, S.J.* MEMORANDUM OPINION1 * John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. 1 Tex. R. App. P. 47.4. Following a plea of not guilty, appellant was convicted by a jury of indecency with a child and punishment was assessed at five years confinement and a $3000 fine, suspended for ten years. By a sole issue, appellant contends the trial court erred in denying his motion in limine to bar the testimony of Reverend Ronnie Linden. Based upon the rationale expressed herein, we affirm. We hold that appellant did not preserve his complaint for appellate review. It is well settled that the denial of a motion in limine is not sufficient to preserve error for review, but rather there must be a proper objection to the proffered evidence. McDuff v. State, 939 S.W.2d 607, 618 (Tex.Cr.App. 1997), cert. denied, 522 U.S. 844, 118 S.Ct. 125, 139 L.Ed.2d 75 (1997), citing Basham v. State, 608 S.W.2d 677, 679 (Tex.Cr.App. 1980). During Linden s direct testimony no objections were made, and upon cross-examination the only objection lodged by defense counsel was that the witness s answer was nonresponsive. Appellant s sole issue is overruled. Accordingly, the judgment of the trial court is affirmed. Per Curiam Do not publish. 2
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