John William George v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-98-315-CR

JOHN WILLIAM GEORGE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 32571

O P I N I O N

John William George pled guilty before the court and the jury to six counts of aggravated sexual assault of a child and three counts of indecency with a child. George had committed these offenses against his step daughter. The jury assessed punishment and sentenced George to 60 years in prison for each count of aggravated sexual assault and 10 years in prison for each count of indecency. The 10 year sentences were then suspended for 10 years. George would be placed on community supervision after his release from prison. We affirm the trial court s judgment.

Jury Misconduct

In his sole issue on appeal, George contends that the trial court erred in accepting the punishment verdict because the jury misunderstood the applicability of probation and parole. He concludes that because the jury gave him both prison time and a suspended sentence, most likely improper jury discussions did take place.

To preserve a complaint on appeal of alleged jury misconduct, a motion for new trial supported by the affidavit of a juror or another person who was in a position to know the facts is required. Trout v. State, 702 S.W.2d 618, 620 (Tex. Crim. App. 1985); Thomley v. State, 987 S.W.2d 906, 911 (Tex. App. Houston [1st Dist.] 1999, pet. ref d); see also Tex. R. App. P. 21.2. George filed a motion for new trial; however, he did not complain in the motion about the alleged improper jury conduct. He brings this argument for the first time on appeal. Therefore, we hold that George has not preserved his complaint and presents nothing for our review. See Thomley, 987 S.W.2d at 911; Tex. R. App. P. 21.2, 33.1.

George s sole issue is overruled. The judgment of the trial court is affirmed.

TOM GRAY

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Affirmed

Opinion delivered and filed April 19, 2000

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