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TUCKER v. STATE

No. 1166-98.

990 S.W.2d 261 (1999)

Shannon Don TUCKER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

March 24, 1999.

Attorney(s) appearing for the Case

Keith S. Hampton, Cynthia L. Hampton, Austin, for appellant.

Eric Kugler, Assistant DA, Houston, Matthew Paul, State's Atty., Austin, for the State

Before the court en banc.

OPINION

WOMACK, J., delivered the opinion for a unanimous Court.

After the State rested its case in a trial for delivery of cocaine, the appellant's counsel said, "At this time the defense would like to make an opening statement."

The court ruled, "That will be denied."

Counsel said, "Okay. In that case we will call [our first witness]."

The issue is whether the appellant preserved the right to present a complaint on appeal...

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