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Thomas v. State

In his first point, appellant contends the trial court erred in denying his motion to suppress evidence obtained through an alleged unlawful search and seizure. In general, when a court overrules a pretrial motion to suppress evidence, the defendant need not object to the same evidence in order to preserve the error on appeal. However, when a defendant affirmatively states that he has "no objection" to the admission of the complained of evidence, the defendant waives any error in the admission of the evidence. Houston Court of Appeals, No. 01-08-00305-CR, 10-15-2009

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OPINION

Appellant, David Thomas, was convicted of possessing cocaine weighing more than four grams and less than 200 grams with an intent to deliver.*fn1 Appellant pled true to both enhancement paragraphs alleged in the indictment, and the trial court sentenced him to imprisonment for 35 years. Appellant asserts seven points of error. In five points of error, appellant argues that the trial court erred by: (1) denying the motion to suppress evidence; (2) denying a requested continuance; (3) denying a new trial, based on evidence that denial of the continuance was harmful; (4) not permitting impeachment of the police officers; and (5) permitting impeachment of appellant with his 1982 conviction and the life sentence imposed for that conviction. In his sixth point of error, appellant argues that the trial court’s modified Allen charge was coercive, thereby denying appellant’s right to trial by jury. In his seventh point of error, he argues that one of the prior convictions used for enhancement purposes was not proved properly because the judgment indicates a different conviction date and a “deferred finding” of guilt.

We affirm.

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