APPELLANT

APPELLEE

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT

PER CURIAM

After accepting appellant's guilty plea and hearing evidence, the district court found appellant guilty of delivering less than two hundred grams but more than twenty-eight grams of methamphetamine. Texas Controlled Substances Act, Tex. Health & Safety Code Ann. § 481.112 (West 1992). The court assessed punishment at imprisonment for thirty-five years.

Appellant's only point of error is that the district court erred by permitting the State to cross-examine him about laboratory equipment found in his automobile. Appellant contends this constituted evidence of an inadmissible extraneous offense. Appellant did not object to this questioning. Tex. R. App. P. 52(a). Further, appellant did not object to testimony from other witnesses that he and his codefendant traded the methamphetamine in question for a chemical, phenylacetic acid, used in the manufacture of methamphetamine, and discussed manufacturing methamphetamine with the undercover officer. Finally, appellant expressly denied any involvement in methamphetamine manufacturing during his direct testimony. The State was entitled to impeach this testimony during cross-examination. See Hammett v. State, 713 S.W.2d 102, 105 (Tex. Crim. App. 1986). The point of error is overruled.

The judgment of conviction is affirmed.

Before Justices Powers, Jones and Kidd

Affirmed

Filed: February 9, 1994

Do Not Publish