Robert Gomez v. State of Texas--Appeal from 290th Judicial District Court of Bexar County

Appellant

v.

STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 1999-CR-0682

Honorable Sharon MacRae, Judge Presiding

Opinion by: Paul W. Green, Justice

Sitting: Alma L. L pez, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and Filed: May 30, 2001

AFFIRMED

Because the issue in this appeal involves the application of well-settled principles of law, we affirm the conviction in this memorandum opinion. Tex. R. App. P. 47.1. The trial court did not improperly comment on the evidence in this case for the following reasons:

1. Gomez did not object to the comments at trial; therefore, he waived his right to complain on appeal. Gibbs v. State, 7 S.W.3d 175, 178 (Tex. App.-Houston [1st Dist.] 1999, pet. ref'd); see Green v. State, 912 S.W.2d 189, 192 (Tex. Crim. App. 1995).

2. Further, the trial court's comments were not reasonably calculated to benefit the State or to prejudice the defendant's rights. Tex. Code Crim. Proc. Ann. art. 38.05 (Vernon 1997); Garcia v. State, 427 S.W.2d 897, 899 (Tex. Crim. App. 1968); Hoang v. State, 997 S.W.2d 678, 681-83 (Tex. App.-Texarkana 1999, no pet.).

The judgment is affirmed.

PAUL W. GREEN,

JUSTICE

DO NOT PUBLISH