Randal R. Walker v. The State of Texas--Appeal from County Court at Law No 1 of McLennan County

NO. 10-89-233-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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RANDAL R. WALKER,

Appellant

v.

THE STATE OF TEXAS,

Appellee

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From the County Court at Law

McLennan County, Texas

Trial Court # 891749 CR1

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O P I N I O N

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Appellant was charged with the misdemeanor offense of unlawfully carrying a weapon. See Tex. Penal Code Ann. 46.02 (Vernon 1989). He was found guilty by a jury and punishment was assessed at 365 days in jail and a $1,500 fine. The jail time was probated for a two-year period. We will affirm.

The State, by way of a cross-point, raises the issue that Appellant has not supplied us with a complete statement of facts and has thus waived the error he now complains of. Appellant requested a partial statement of facts without including in his request a statement of the appellate points to be relied on. See Tex. R. App. P. 53(d). Without such a statement, the presumption that nothing omitted from the record is relevant to any of Appellant's points never arose. Id. We are, therefore, bound by the record before this court. See Hale v. State, 509 S.W.2d 637, 637-38 (Tex. Crim. App. 1974). Without a complete statement of facts showing the trial court's rulings of which Appellant complains, nothing is presented for review by this court. Id. More specifically, we cannot pass on questions pertaining to the admissibility of evidence in the absence of a proper statement of facts. See Dupree v. State, 309 S.W.2d 243, 244 (Tex. Crim. App. 1957); Brant v. State, 676 S.W.2d 223, 225 (Tex. App. El Paso 1984, pet. ref'd). We also cannot pass on questions relating to the court's charge. See Sellars v. State, 401 S.W.2d 835, 836 (Tex. Crim. App. 1966). Since the points of error raised by Appellant involve issues dealing with the charge and admissibility of evidence, we must affirm the judgment based on the record before us.

BOBBY L. CUMMINGS

Justice

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Affirmed

Opinion delivered and filed June 6, 1991

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