Tucker v. State

OPINION

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 that the ruling was in error. Relying on Dunn v. State, 819 S.W.2d 510 (Tex.Cr.App.1991), cert. denied, 506 U.S. 834, 113 S.Ct. 105, 121 L.Ed.2d 63 (1992), the court of appeals ruled that he did not. Tucker v. State, No.…