Tracy Ann Freeman v. The State of Texas--Appeal from 18th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-03-00116-CR

Tracy Ann Freeman,

Appellant

v.

The State of  Texas,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # F35315

MEMORANDUM Opinion

Tracy Ann Freeman was convicted by a jury of three offenses charged in a single indictment: manufacturing a controlled substance, possession of a controlled substance, and possession or transportation of anhydrous ammonia in an unapproved container. The jury assessed eighty years in prison on the first two counts and ten years on count three. Fines totaling $220,000 were also assessed.

Freeman s issue on appeal asks whether the State argued a definition of possession that is contrary to law and whether she suffered harm as a result.

The argument Freeman finds objectionable is:

There s no question, no question, here that Tracy Freeman was deeply involved in this situation. She s living there. And if you look at the instructions that you re given the possession and all that, you don t have to physically be found holding these items. Within your custody or control. And I would submit to you on her mother s testimony alone, if she is there twice a day every day and does not separate herself from this, she s guilty.

Freeman s objection concerned the definition of possession in the court s charge, resulting in the court s admonishment to the prosecutor: Why don t you restrict your argument to the Charge itself.

The State responds that Freeman did not obtain an adverse ruling about which she may complain. We agree.

A defendant's failure to object to jury argument or failure to pursue an objection to an adverse ruling forfeits the right to complain on appeal about the argument. Godsey v. State, 989 S.W.2d 482, 496 (Tex. App. Waco 1999, pet. ref d) (citing Cockrell v. State, 933 S.W.2d 73, 89 (Tex. Crim. App. 1996)). The trial court essentially sustained Freeman s objection, and she failed to pursue it to an adverse ruling.

The issue is overruled, and we affirm the judgment.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed December 8, 2004

Do not publish

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