Jarrod S. Rozean v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00103-CR

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JARROD S. ROZEAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 28517-B

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Jarrod S. Rozean appeals from the sentence imposed in the final adjudication of his guilt following the revocation of his deferred adjudication community supervision.

Rozean raises a single issue on appeal. He contends the trial court abused its discretion in the sentencing process because the court improperly considered an unadjudicated and unproven offense that was pending in another county at the time of sentencing. There was no objection to the evidence about that pending prosecution, nor was there any complaint raised at the hearing to the court's consideration of that information in setting punishment. Where no objection is made, a claim of error is not preserved for appellate review. Tex. R. App. P. 33.1; Malpica v. State, 108 S.W.3d 374, 379 (Tex. App. Tyler 2003, no pet.); Bernal v. State, 74 S.W.3d 76, 82 (Tex. App. Eastland 2002, pet. ref'd).

The contention of error has not been preserved for our review.

We affirm the judgment.

Donald R. Ross

Justice

Date Submitted: November 26, 2003

Date Decided: December 1, 2003

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