Linda Gale Coleman v. State ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-09-00336-CR
LINDA GALE COLEMAN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Leon County, Texas
Trial Court No. CM-08-400
MEMORANDUM OPINION
Linda Coleman made an open plea of guilty to possession of cocaine in an
amount greater than 4 grams but less than 200 grams. TEX. HEALTH & SAFETY CODE
ANN. § 481.115(a), (d) (Vernon 2010). The trial court sentenced her to seven years in
prison. We affirm.
Coleman’s sole issue on appeal is that the trial court erred in excluding evidence
of the opinion of the probation officer who prepared the Pre-sentence Investigation
report. Specifically, Coleman complains that she was denied the right to present
opinion testimony on her likelihood of successfully completing probation.
At the punishment hearing, the probation officer was asked if she could form an
opinion about whether or not she believed Coleman could successfully complete
probation. The State objected; and after an explanation by the State, the trial court
sustained the objection. No offer of proof was made as to what the probation officer’s
answer would have been. Absent a showing of what such testimony would have been,
or an offer of a statement concerning what the excluded evidence would show, nothing
is presented for review. Guidry v. State, 9 S.W.3d 133, 153 (Tex. Crim. App. 1999).
Accordingly, Coleman’s sole issue is overruled.
The trial court’s judgment is affirmed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Affirmed
Opinion delivered and filed September 1, 2010
Do not publish
[CR25]
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