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Click here for the full text of this decision FACTS:On May 10, 2002, appellant pleaded guilty to the offense of injury to a child and received deferred adjudication community supervision for 10 years. On April 26, 2006, the state filed a Motion to Proceed with Adjudication, alleging appellant had failed to complete the required hours of community service work, failed to pay supervision and counseling fees, failed to attend 22 sex offender counseling sessions, and was unsuccessfully discharged from the Sex Offender Treatment Program. On Dec. 1, 2006, the trial court adjudicated appellant guilty and sentenced him to 25 years in the Institutional Division of the Texas Department of Criminal Justice. On Dec. 15, 2006, appellant filed a motion for new trial. HOLDING:Affirmed. An appellant may not assert error pertaining to his sentence or punishment when he failed to object or otherwise raise the error in the trial court. There is nothing in the appellate record indicating that appellant objected to the sentence. However, he timely filed a motion for new trial challenging the judgment and sentence as contrary to the law and the evidence. Texas Rule of Appellate Procedure 21.6 states: “The defendant must present the motion for new trial to the trial court within 10 days of filing it, unless the trial court in its discretion permits it to be presented and heard within 75 days from the date when the court imposes or suspends sentence in open court.” In 1998′s Carranza v. State, the Court of Criminal Appeals defined “present” within the meaning of the appellate rule. The court held that “present” means that the “record must show the movant for a new trial sustained the burden of actually delivering the motion for new trial to the trial court or otherwise bringing the motion to the attention or actual notice of the trial court.” Appellant, through his attorney, timely filed a motion for new trial, but there is no evidence that he delivered the motion or otherwise brought it to the trial court’s attention or gave the trial court actual notice of the filing. Filing a motion for new trial alone is not sufficient to show presentment. Therefore, appellant did not present his motion within the meaning of Rule 21.6. Accordingly, appellant forfeited his complaints for review because he did not preserve error by either objecting at trial when the sentence was imposed or by presenting his motion for new trial to the trial court. OPINION:Livingston, J.; Livingston, Walker and McCoy, J.J.

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