Keith A. Barber v. The State of Texas--Appeal from 137th District Court of Lubbock County
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NO. 07-08-0339-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JANUARY 13, 2009 ______________________________ KEITH A. BARBER, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2007-418,534; HON. CECIL G. PURYEAR, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Keith A. Barber appeals his conviction of possession of a controlled substance (cocaine). He does so in one issue in which he claims error on the part of the trial court in allowing a Department of Public Safety chemist to testify from a report of another chemist. We affirm the judgment. Whether or not the testimony was admissible, appellant only objected when the State propounded its first question about the report s content. Yet, that was not the only question propounded by the State on that subject. And, when it asked its other questions, appellant raised no complaint. Nor had he requested and received a running objection after the trial court overruled his first objection or sought to attack the testimony outside the jury s presence. Consequently, his complaint was not preserved. Ethington v. State, 819 S.W.2d 854, 859-60 (Tex. Crim. App. 1991). Accordingly, appellant s issue is overruled, and the judgment is affirmed. Per Curiam Do not publish. 2
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