Affirmed and Memorandum Opinion filed February 3, 2005.
In The
Fourteenth Court of Appeals
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NO. 14-02-00849-CR
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REYES G. LEYVA, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 882,411
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M E M O R A N D U M O P I N I O N
Reyes G. Leyva appeals the ten-year sentence on his conviction for kidnaping on the ground that the trial court erred in not ordering a pre-sentence investigation report to determine the appropriateness of a drug or alcohol treatment program prior to sentencing.[1]
However, because Leyva signed a written waiver of any right to have such a report prepared and failed to object to the absence of the report, his sole issue presents nothing for our review. Accordingly, it is overruled, and the judgment of the trial court is affirmed.
/s/ Richard H. Edelman
Justice
Judgment rendered and Memorandum Opinion filed February 3, 2005.
Panel consists of Justices Yates, Edelman, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).
[1] See Tex. Code Crim. Proc. Ann. art. 42.12 ' 9(h) (2) (Vernon Supp. 2004) (A[o]n a determination by the judge that alcohol or drug abuse may have contributed to the commission of the offense . . . the judge shall direct . . . an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant . . . . The evaluation shall be made after conviction and before sentencing, if the judge assesses punishment in the case.@).