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DENNIS v. STATE, 10-04-00005-CR (Tex.App.-Waco [10th Dist.] 2005)

Court of Appeals of Texas, Tenth District, Waco.
Jun 1, 2005

MEMORANDUM OPINION

TOM GRAY, Chief Justice.

Appellant appeals her conviction for misdemeanor driving while intoxicated. See TEX. PENAL CODE ANN. ยง 49.04(a)-(b) (Vernon 2003). We affirm. In her sole issue, Appellant contends that the trial court erred in permitting her motion for new trial to be overruled by operation of law. Appellant argues that the jury committed misconduct. See Tex.R.App.P. 21.3(g). At the hearing on the motion, the State objected to testimony of jurors under Rule 606. See TEX. R. EVID. 606(b). The trial court sustained the objections. On appeal, Appellant points only to testimony that her counsel elicited as offers of proof. See id. 103(b). Appellant does not contend that the trial court erred in sustaining the State's objections to the testimony. The trial court did not abuse its discretion. See Salazar v. State, 38 S.W.3d 141, 148 (Tex.Crim.App. 2001). We overrule Appellant's issue. We affirm the judgment.