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RAMON SANTIAGO ORIANO, Appellant v. THE STATE OF TEXAS, Appellee

MEMORANDUM OPINION

Opinion By Justice FitzGerald.

Ramon Santiago Oriano appeals his conviction for aggravated sexual assault. After finding appellant guilty, the jury assessed appellant's punishment at sixteen years' imprisonment. Appellant asserts in two issues that error occurred when (1) the prosecutor asked improper commitment questions during voir dire and (2) the trial court failed to hold a hearing to determine the reliability of outcry testimony. To preserve error for review on appeal, a party must object to the error. Tex.R.App.P. 33.1(a). In this case, appellant did not object to the prosecutor's voir dire questions or to the trial court's failure to hold a hearing on the outcry testimony. Accordingly, the errors, if any, are not preserved for appellate review. Id.; Robinson v. State, 85 S.W.3d 338, 340 (Tex.App.-Texarkana 2002, pet. ref'd); Cates v. State, 72 S.W.3d 681, 698 (Tex.App.-Tyler 2001, no pet.). We resolve both of appellant's issues against him. We affirm the trial court's judgment.

In his second issue, appellant also argues he was not given notice of the State's intent to introduce the outcry statement. The clerk's record, however, shows appellant's attorney was served with the State's "NOTICE OF OUTCRY STATEMENT." Accordingly, appellant's argument is not supported by the record and lacks merit.

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ORIANO v. STATE, 05-01-01730-CR (Tex.App.-Dallas [5th Dist.] 2003)
(Jun 2, 2003)