Roy Betts, Jr. v. State ( 1991 )

Betts Jr. v. State

NO. 10-91-011-CR

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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          ROY BETTS, JR.,

                                                                                            Appellant

          v.

          THE STATE OF TEXAS,

                                                                                            Appellee

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From 12th Judicial District Court

Madison County, Texas

Trial Court # 8772-12

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O P I N I O N

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          Appellant was convicted by a jury of the offense of delivery of a controlled substance, for which he was sentenced to seven years in the Institutional Division of the Texas Department of Criminal Justice.

          Appellant has filed a request in this court, personally signed and verified by him and approved by his attorney, to withdraw his notice of appeal and dismiss the appeal. No decision of this court having been delivered prior to the receipt of Appellant's request, his request to withdraw his notice of appeal is granted and the appeal is dismissed.

                                                                                 PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings and

          Justice Vance

Dismissed

Opinion delivered and filed July 18, 1991

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sat on the grand jury which returned the indictment], constitutes a forfeiture of the right to complain thereafter.Ô  Webb v. State, 232 S.W.3d 109, 112 (Tex. Crim. App. 2007).  In Webb, as in this case, “neither party specifically asked the panel if they had previously served on the grand jury that indicted Appellant.”  Id.

Accordingly, the trial court did not abuse its discretion in denying Graham’s motion for mistrial.  Webb, 232 S.W.3d at 114.  We overrule Graham’s only issue and affirm the trial court’s judgment.

 

 

TOM GRAY

Chief Justice

 

Concurring opinion delivered and filed February 27, 2008

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