Opinion issued June 24, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01-03-00500-CR
JAMES SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Cause No. 933187
MEMORANDUM OPINION
Appellant James Smith pled guilty to aggravated robbery without an agreed recommendation by the State as to punishment. The trial court found Smith guilty and assessed his punishment at eight years confinement. In one point of error, Smith contends that his indictment is fundamentally defective in that it fails to describe the property taken during the course of the robbery. The State responds that Smith waived his point of error by not objecting to the error in the trial court.
We agree with the State. Even if the indictment contains an error, Smith cannot raise the error on appeal because he did not file a motion in the trial court, pointing out the defect. See Tex. Code Crim. Proc. Ann. art. 1.14 (Vernon Supp. 2004); Tex. R. App. P. 33.1; Sanchez v. State, 120 S.W.3d 359, 367 (Tex. Crim. App. 2003) (any error in the charging instrument must be objected to in a timely and specific manner, and any unobjected-to error in the instrument is not “fundamental”). We therefore affirm.
Conclusion
We affirm the judgment of the trial court.
Jane Bland
Justice
Panel consists of Chief Justice Radack and Justices Keyes and Bland.
Do not publish. Tex. R. App. P. 47.2(b).