In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-06-00037-CR ______________________________
KHOURY RAY ROBERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 402nd Judicial District Court Wood County, Texas Trial Court No. 19,037-2005
Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Khoury Ray Roberson was convicted of six charges of sexual assault of a child by a Wood County jury. The cases were tried together, and Roberson now appeals the six convictions.
Because the issues raised in each appeal are identical, for the reasons stated in our opinion dated this day in Roberson v. State, cause number 06-06-00032-CR, we affirm the judgment of the trial court.
Josh R. Morriss, III
Chief Justice
Date Submitted: May 9, 2007
Date Decided: May 24, 2007
Do Not Publish
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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-10-00010-CR
______________________________
LAKESHA BLOUNT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 188th Judicial District Court
Gregg County, Texas
Trial Court No. 36,780-A
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
An admitted theft of over $1,500.00 led to Lakesha Blounts placement on deferred adjudication community supervision for a period of four years.[1] Blount failed to comply with terms of her community supervision ordering her to pay fees, court costs, and restitution. The trial court adjudicated Blounts guilt and sentenced her to eighteen months in state jail. Blounts sole point of error on appeal complains that the trial court erred in assessing punishment without doing a presentence investigation (PSI). See Tex. Code Crim. Proc. Ann. art. 42.12, § 9 (Vernon Supp. 2009).
To preserve a complaint for appellate review, the complaint must be made to the trial court by a timely request, objection, or motion. Tex. R. App. P. 33.1(a)(1). The record in this case reveals that Blount failed to complain to the trial court about the lack of PSI report. Any error in failing to order a PSI report is waived if the defendant fails to object to the failure or bring the failure to the trial courts attention. Smith v. State, 91 S.W.3d 407, 409 (Tex. App.Texarkana 2002, no pet.); Buchanan v. State, 68 S.W.3d 136, 139 (Tex. App.Texarkana 2001, no pet.). Because Blounts sole point of error was not preserved, it is overruled.
We affirm the judgment of the trial court.
Josh R. Morriss, III
Chief Justice
Date Submitted: August 6, 2010
Date Decided: August 9, 2010
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[1]Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Govt Code Ann. § 73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant issue. See Tex. R. App. P. 41.3.