Estela Briceno Fajardo v. The State of Texas Appeal from 19th District Court of McLennan County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-19-00092-CR ESTELA BRICENO FAJARDO, v. THE STATE OF TEXAS, Appellant Appellee From the 19th District Court McLennan County, Texas Trial Court No. 2018-1413-C1 MEMORANDUM OPINION Estela Briceno Fajardo was charged with Theft, a state jail felony. TEX. PENAL CODE § 31.03(e)(4)(A). After a jury trial, she was convicted of Theft, a misdemeanor, and sentenced to one year in jail. Id. (e)(3). In her sole issue on appeal, Fajardo contends the State committed prosecutorial misconduct when, according to Fajardo, the State called an alleged co-conspirator to testify knowing that the witness intended to invoke his Fifth Amendment right not to testify. A timely objection regarding prosecutorial misconduct is necessary to preserve error for purposes of appeal. Estrada v. State, 313 S.W.3d 274, 303 (Tex. Crim. App. 2010); Watkins v. State, 333 S.W.3d 771, 780 (Tex. App.—Waco 2010, pet. ref'd). The failure to make a specific objection at trial based upon prosecutorial misconduct precludes our review based on this theory. Montoya v. State, 43 S.W.3d 568, 572 (Tex. App.—Waco 2001, no pet.). Even assuming that what Fajardo asserts in her issue occurred at trial, and we make no determination that it did, Fajardo never objected to the State’s actions. Accordingly, our review of her complaint is precluded, and her sole issue is overruled. The trial court’s judgment is affirmed. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed Opinion delivered and filed July 21, 2020 Do not publish [CR25] Fajardo v. State Page 2
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