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Ehret v. State

Court of Appeals of Texas, Seventh District, Amarillo
Jun 1, 2006
No. 07-05-0201-CR (Tex. App. Jun. 1, 2006)

Opinion

No. 07-05-0201-CR

June 1, 2006. DO NOT PUBLISH.

Appeal from the 108th District Court of Potter County, No. 50,187-E, Hon. Abe Lopez, Presiding.

Panel B: Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.


MEMORANDUM OPINION


Albert Lawrence Ehret (appellant) appeals his conviction for possessing marihuana. Via two issues, he contends that the trial court erred in 1) denying his motion to suppress evidence and admitting evidence obtained as a result of an unlawful search and 2) denying him "his absolute right to create a bill of exception." We overrule each issue and affirm the judgment. Motion to Suppress and Admission of Evidence Regarding the initial point, we note that when the State proffered, at trial, the evidence at issue, appellant uttered that he had no objection to its admission. By so stating, he waived any complaint he had about the admissibility of the evidence. Moraguez v. State, 701 S.W.2d 902, 904 (Tex.Crim.App. 1986) (holding that while a defendant need not object to the admission of evidence at trial once his motion to suppress is overruled, stating at trial that he has no objection to its admission waives any complaint he had); Flores v. State, 129 S.W.3d 169, 171-72 (Tex.App.-Corpus Christi 2004, no pet.) (stating the same). Bill of Exceptions Regarding the chance to make a bill of exceptions, the evidence appellant allegedly believed relevant concerned his motion to suppress. It allegedly encompassed the "method the troopers used to obtain consent to search, inconsistent testimony as to reasonable suspicion and probable cause, and the privacy interests the passengers had in the vehicle." Assuming arguendo that the trial court did hamper appellant's ability to perfect a bill, we cannot see how it harmed him. Again, he waived any complaint he had about the admissibility of the evidence obtained as a result of the detention and search. Having waived any complaint about the admission of the evidence, how it was acquired no longer matters. And, the topics to be covered in the bill of exceptions pertained to how the State acquired it. Accordingly, we affirm the judgment of the trial court.


Summaries of

Ehret v. State

Court of Appeals of Texas, Seventh District, Amarillo
Jun 1, 2006
No. 07-05-0201-CR (Tex. App. Jun. 1, 2006)
Case details for

Ehret v. State

Case Details

Full title:ALBERT LAWRENCE EHRET, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jun 1, 2006

Citations

No. 07-05-0201-CR (Tex. App. Jun. 1, 2006)

Citing Cases

Ex Parte Ehret

The Seventh Court of Appeals affirmed his conviction. Ehret v. State, No. 07-05-201-CR (Tex.App.-Amarillo,…