No. 04-99-00778-CR
Benny BUENTELLO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 97-CR-0686
Honorable Philip A. Kazen, Judge Presiding
Opinion by: Tom Rickhoff, Justice
Sitting: Tom Rickhoff, Justice
Catherine Stone, Justice
Sarah B. Duncan, Justice
Delivered and Filed: January 10, 2001
AFFIRMED
Appellant, Benny Buentello, was convicted by a jury of murder. The court assessed punishment at life in prison. In a single issue on appeal, appellant asserts the trial court erred by limiting his cross-examination of a State's witness. Because appellant's complaint was not preserved at trial, we affirm the trial court's judgment.
The State's sole eye witness, Elvira Garcia, testified that she saw the appellant stab the complainant. At trial, defense counsel attempted to cross-examine Garcia on a false report she allegedly made to the police after her statement. When the prosecutor objected, defense counsel stated the question was relevant because it went to the witness' credibility. The trial court sustained the objection. On appeal, appellant argues the cross-examination regarding the false report should have been allowed to show Garcia had motive or bias in favor of the State.
Error in the exclusion of evidence may not by urged unless the proponent perfected an offer of proof or a bill of exceptions. Guidry v. State, 9 S.W.3d 133, 153 (Tex. Crim. App. 1999); Chavez v. State, 6 S.W.3d 56, 65 (Tex. App--San Antonio 1999, pet. ref'd). The record in this case does not indicate what the excluded testimony would have been. Absent a showing of what such testimony would have been, or an offer of a statement concerning what the excluded evidence would show, nothing is presented for review. Id.
We overrule appellant's issue on appeal and affirm the trial court's judgment.
Tom Rickhoff, Justice
DO NOT PUBLISH