NO. 10-89-148-CR
NO. 10-89-149-CR
NO. 10-89-150-CR
IN THE
COURT OF APPEALS
FOR THE
TENTH DISTRICT OF TEXAS
AT WACO
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LAWRENCE HENRY BENNETT,
Appellant
v.
THE STATE OF TEXAS,
Appellee
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From the 185th Judicial District Court
Harris County, Texas
Trial Court #'s 511280, 511176 & 511177
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O P I N I O N
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Appellant was convicted for three felony offenses of robbery, each enhanced with one prior felony conviction. He was sentenced to thirty years in prison for each offense. We will affirm.
In Appellant's sole point of error he alleges that the prosecutor committed fundamental error when she struck at the Appellant over the shoulders of his counsel during her argument to the jury. The comments by the Prosecutor which Appellant complains of are as follows:
[PROSECUTOR]: May it please the Court. Folks, that was an argument of desperation. He has nothing to attack. You can't attack the identification. He has nothing to attack. You can't attack the identification of witnesses. So, what does he do?
He says, "A, They're white-washing for the police. The police bring them somebody and say, `Yeah, that was him.'"
You know that didn't happen. He doesn't get very far with that.
Then what does he do? He attacks me -- me. He puts the victims on trial and then puts me on trial for not bringing you everyone on H.P.D., whoever handled this man on the 20th day of September of 1988. I'm not going to do that. It's ridiculous. It's a waste of your time, and I'm not going to do it.
At trial Appellant failed to object to the comments by the Prosecutor which he now finds objectionable. Unless the comments by the Prosecutor are so prejudicial that no instruction could cure the harm, then the failure of Appellant to timely object waives any error. See Green v. State, 682 S.W.2d 271, 295 (Tex. Crim. App. 1984). We find beyond a reasonable doubt that, if error, any prejudice caused by the comments of the Prosecutor could have been cured by instructions from the court to disregard. See Tex. R. App. P. 81(b)(2). The judgment of the trial court is affirmed.
BOBBY L. CUMMINGS
Justice
Before Chief Justice Thomas,
Justice Cummings and
Justice Vance
Affirmed
Opinion delivered and filed May 9, 1991
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