







Affirmed and Memorandum Opinion filed February 3, 2005








Affirmed and Memorandum
Opinion filed February 3, 2005.
 
 
In The
 
Fourteenth Court of Appeals
_______________
 
NO. 14-02-00849-CR
_______________
 
REYES G. LEYVA, Appellant
 
V.
 
THE STATE
OF TEXAS, Appellee
________________________________________________________
 
On Appeal from the 183rd District Court
Harris County, Texas
Trial
Court Cause No. 882,411
________________________________________________________
 
M E M O R A N D U M  
O P I N I O N
 
Reyes
G. Leyva appeals the ten-year sentence on his conviction for kidnaping on the
ground that the trial court erred in not ordering a pre-sentence investigation
report to determine the appropriateness of a drug or alcohol treatment program
prior to sentencing.[1]




However, because
Leyva signed a written waiver of any right to have such a report prepared and
failed to object to the absence of the report, his sole issue presents nothing
for our review.  Accordingly, it is
overruled, and the judgment of the trial court is affirmed.
 
/s/        Richard H. Edelman
Justice
 
Judgment rendered
and Memorandum Opinion filed February 3, 2005.
Panel consists of
Justices Yates, Edelman, and Guzman.
Do Not Publish C Tex.
R. App. P. 47.2(b).
 
 




[1]           See
Tex. Code Crim. Proc. Ann. art.
42.12 ' 9(h) (2) (Vernon Supp. 2004) (A[o]n a determination by the judge that alcohol or drug
abuse may have contributed to the commission of the offense . . . the judge
shall direct . . . an evaluation to determine the appropriateness of, and a
course of conduct necessary for, alcohol or drug rehabilitation for a defendant
. . . .  The evaluation shall be made
after conviction and before sentencing, if the judge assesses punishment in the
case.@).


