Clement v. State

OPINION ON STATE’S MOTION FOR REHEARING

JOHN M. BAILEY, JUSTICE

The State has filed a motion for rehearing’ wherein it alleges that' Appellant did not properly preserve? for appellate review, his complaint that 'his arrest was illegal. The State bases its preservation contention on two grounds: (1) that Appellant failed to put the State and the trial court on notice that he was contesting the legality of his arrest and (2) that Appellant’s presentation of the contention during the closing argument was untimely under Tex. Code Crim. Proc. Ann. art, 28.01, § 2 (West 2006).

Preservation of error ,…