IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1090-99

JOHNNY SILVA JIMENEZ, Appellant
v.
THE STATE OF TEXAS

ON APPELLANT'S AND STATE'S PETITIONS

FOR DISCRETIONARY REVIEW
FROM THE FIRST COURT OF APPEALS
HARRIS COUNTY

Keller, J., delivered a concurring opinion.

CONCURRING OPINION

By failing to object, appellant has forfeited any right to have his claim analyzed under the standard of harm for constitutional errors, found in Texas Rule of Appellate Procedure 44.2(a). In addition, there is no due process violation in this case because appellant failed to request relief. Whatley v. State, 946 S.W.2d 73, 75-76 (Tex. Crim. App. 1997).

KELLER, J.

DATE DELIVERED: September 13, 2000

PUBLISH