Kimberly Smith Dennis v. The State of Texas--Appeal from County Court at Law No 2 of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-04-00005-CR

Kimberly Smith Dennis,

Appellant

v.

The State of Texas,

Appellee

From the County Court at Law No. 2

Johnson County, Texas

Trial Court # M200200470

MEMORANDUM Opinion

Appellant appeals her conviction for misdemeanor driving while intoxicated. See Tex. Penal Code Ann. 49.04(a)-(b) (Vernon 2003). We affirm.

In her sole issue, Appellant contends that the trial court erred in permitting her motion for new trial to be overruled by operation of law. Appellant argues that the jury committed misconduct. See Tex. R. App. P. 21.3(g). At the hearing on the motion, the State objected to testimony of jurors under Rule 606. See Tex. R. Evid. 606(b). The trial court sustained the objections. On appeal, Appellant points only to testimony that her counsel elicited as offers of proof. See id. 103(b). Appellant does not contend that the trial court erred in sustaining the State s objections to the testimony. The trial court did not abuse its discretion. See Salazar v. State, 38 S.W.3d 141, 148 (Tex. Crim. App. 2001). We overrule Appellant s issue.

We affirm the judgment.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Justice Vance concurring with note)*

Affirmed

Memorandum opinion delivered and filed June 1, 2005

Do not publish

[CR25]

* (Justice Vance concurs. I believe that we owe it to the litigants, the higher courts, the Bench and Bar, and the public generally to provide more of the facts and our analysis in memorandum opinions, particularly when we short-circuit appellant s argument by saying he has not complained about a ruling on evidence that appellant s brief specifically says was offered again without a further objection by the State.)