APPELLANT v. STATE FROM OF COUNTYI

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Court of Appeals of Texas, Waco.

Shaughnna Blackmon APPELLANT v. The State of Texas STATE FROM County Criminal Court No. 2 OF Denton COUNTYI. Introduction In two issues, Appellant Shaughnna Blackmon appeals her two convictions for the misdemeanor offense of false alarm or report.  We affirm.

NO. 02–11–00153–CR

    Decided: April 12, 2012

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

II. Factual and Procedural Background

Prior to and during April 2009, Jon Willingham, who lived at 1179 Marquette, across an alley from Blackmon, made a series of calls to the Frisco Police Department to complain about noise from Blackmon's home.

Frisco Police Officer Brian Tschudy testified that on April 16, he was dispatched to Blackmon's house on a noise complaint.   Around five minutes later, he was dispatched to Willingham's house because an anonymous 9–1–1 caller reported that a man was beating his wife.   Officer Tschudy determined that no assault had occurred.   A subsequent investigation revealed that the anonymous call had come from Blackmon's cell phone.

Further,

[a] point of error raised for the first time in an amended or supplemental brief is not normally considered to be properly presented.   The rule refers to the orderly and timely presentation of issues on direct appeal to a court of appeals.   The decision to consider new matter is left to the sound discretion of the court and the interest of the justice.

Skillern v. State, 890 S.W.2d 849, 882 (Tex.App.—Austin 1994, pet. ref'd) (citations omitted).   We decline to exercise our discretion to consider this new matter, which Blackmon has waived in any event.

VI. Conclusion

Having overruled both of Blackmon's issues, we affirm the trial court's judgments.

PANEL:  MCCOY, J.;   LIVINGSTON, C.J.;   and WALKER, J.

Tex.R. App. P. 47.2(b)

DELIVERED:  April 5, 2012

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

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