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Baines v. State

In his first point of error, appellant argues that the trial court erred in re-opening the evidence on its own motion. To preserve a complaint for appellate review, he must have presented to the trial court a timely request, objection or motion stating the specific grounds for the ruling desired. Any error concerning the trial court re-opening the evidence has not been preserved for appellate review. Texarkana Court of Appeals, No. 06-10-00069-CR, 09-03-2010

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Before Morriss, C.J., Carter and Moseley, JJ.

OPINION

Norris Shannon Baines appeals his Angelina County conviction for the state jail felony of evading detention and sentence of 180 days in the county jail.*fn1 The State alleged Baines committed evading detention by leading a police officer on a low-speed chase at speeds of approximately fifteen to twenty miles per hour around a single city block. The State sought to enhance the punishment, alleging that Baines had previously been convicted of two prior felonies. After Baines waived his right to a jury, a bench trial was conducted. The trial court carried Baines’s motion to suppress along with the bench trial. After the parties had rested, the trial court reviewed the arresting officer’s in-car video recording of the incident, recalled the police officer, and questioned the police officer concerning the depiction of events as preserved on the video recording. The trial court then permitted closing arguments and oral arguments on the motion to suppress. The trial court denied Baines’s motion to suppress and found Baines guilty of evading detention. At the punishment hearing, the trial court accepted Baines’s plea of true to the enhancement paragraphs, but announced, “I’m making no finding on the enhancements. And under [12.44(a)] I’m sentencing you to 180 days in county jail . . . .” The trial court later explained its decision was based on the gravity and circumstances of the offense.

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