Milton Kelly Bannister v. The State of Texas--Appeal from 282nd District Court of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MILTON KELLY BANNISTER,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-03-00017-CR

Appeal from the

282nd District Court

of Dallas County, Texas

(TC#F-0134727-IS)

MEMORANDUM OPINION

The State indicted Milton Kelly Bannister for three counts of aggravated sexual assault of a child younger than fourteen. The State also alleged that Bannister had previously been convicted of a felony, thereby increasing the punishment range under the habitual-felony-offenders statute. See Tex. Pen. Code Ann. ' 12.42(c)(1) (Vernon Supp. 2004). Bannister entered an open plea of guilty to each count and true to the prior felony conviction. After a bench trial on punishment, at which Bannister testified, the trial court sentenced Bannister to twenty years= imprisonment on two of the counts. On the remaining count, the court deferred adjudicating guilt and placed him on community supervision for ten years.

Bannister raises two issues on appeal. In his first issue, he argues that the prosecutor should not have been allowed to cross-examine him about extraneous offenses for which there was no factual basis. In his second issue, he argues that application of the habitual-felony-offenders statute under the circumstances of this case violated his constitutional rights. Bannister made no objection during the cross-examination, nor did he raise any objection to application of the habitual-felony-offenders statute. Therefore, neither of Bannister=s appellate issues are preserved for our review. See Tex. R. App. P. 33.1(a)(1); Wilson v. State, 71 S.W.3d 346, 349 (Tex. Crim. App. 2002); Broxton v. State, 909 S.W.2d 912, 918 (Tex. Crim. App. 1995). Accordingly, both issues are overruled, and the judgment of the trial court is affirmed.

SUSAN LARSEN, Justice

February 26, 2004

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Do Not Publish)