Hiawatha Graves v. The State of Texas--Appeal from County Court of Limestone County

IN THE

TENTH COURT OF APPEALS

No. 10-93-156-CR

HIAWATHA GRAVES,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court

Limestone County, Texas

Trial Court # 17403

O P I N I O N

Graves was tried jointly for the misdemeanor offenses of Unlawfully Carrying a Weapon and Possession of Marihuana under two ounces. He did not request a severance. After voir dire examination of the jury and during the presentation of the State's case, it was discovered that the marihuana had not been tested at a laboratory and had been lost. The State moved for dismissal of the marihuana case and the trial proceeded to a jury verdict finding Graves guilty of Unlawfully Carrying a Weapon. The jury assessed his punishment at one year in jail, probated, and a $500 fine. In his sole point of error, Graves asserts that the Court erred in failing to sustain his Motion for New Trial based on grounds that the prosecution failed to timely disclose material evidence favorable to him. We will affirm.

In his Motion for New Trial, Graves contends that the jury panel was voir dired about both charges and that some evidence about the marihuana was admitted during the State's case, which he claims resulted in harmful error. The burden is on the appellant to see that a sufficient record is presented to show error requiring reversal. Tex. R. App. P. 50(d). Without a statement of facts, however, we cannot determine if there was error, and if so, whether it was harmful. See Hall v. State, 829 S.W.2d 407, 410 (Tex. App.- Waco, 1992, no pet.). We affirm the judgment.

BOBBY L. CUMMINGS

Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed September 14, 1994

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