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ROZEAN v. STATE, 06-03-00103-CR (Tex.App.-Texarkana [6th Dist.] 2003)

Court of Appeals of Texas, Sixth District, Texarkana.
Dec 1, 2003
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MEMORANDUM OPINION

Memorandum Opinion by Justice ROSS.

Jarrod S. Rozean appeals from the sentence imposed in the final adjudication of his guilt following the revocation of his deferred adjudication community supervision. Rozean raises a single issue on appeal. He contends the trial court abused its discretion in the sentencing process because the court improperly considered an unadjudicated and unproven offense that was pending in another county at the time of sentencing. There was no objection to the evidence about that pending prosecution, nor was there any complaint raised at the hearing to the court's consideration of that information in setting punishment. Where no objection is made, a claim of error is not preserved for appellate review. TEX. R. APP. P. 33.1; Malpica v. State, 108 S.W.3d 374, 379 (Tex. App.STyler 2003, no pet.); Bernal v. State, 74 S.W.3d 76, 82 (Tex. App.SEastland 2002, pet. ref'd). The contention of error has not been preserved for our review. We affirm the judgment.