Tomika Oliver v. State of Texas - Evading Arrest Conviction Affirmed
Summary
The Texas Court of Appeals affirmed a 99-year sentence for Tomika Shanee Oliver, convicted of evading arrest with a vehicle. The court found that Oliver forfeited her right to appeal the State's discussion of parole law during closing arguments because she did not object at trial.
What changed
The Texas Court of Appeals, 10th District, has affirmed the conviction and 99-year sentence of Tomika Shanee Oliver for the felony offense of evading arrest or detention with a vehicle. The court's decision stems from Oliver's sole appellate issue, which challenged the State's discussion of parole law during the punishment phase closing argument. The appellate court ruled that Oliver's failure to object to this argument during the trial forfeited her right to raise the issue on appeal.
This ruling means the conviction and sentence stand. For legal professionals and compliance officers involved in criminal justice, this case underscores the critical importance of timely objections during trial proceedings to preserve appellate rights. The decision reinforces established procedural rules regarding forfeiture of error, emphasizing that arguments not objected to at the trial level are generally not reviewable on appeal.
Penalties
99 years in prison
Archived snapshot
Mar 27, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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March 26, 2026 Get Citation Alerts Download PDF Add Note
Tomika Shanee Oliver v. the State of Texas
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-25-00165-CR
- Nature of Suit: Evading Arrest
Disposition: Affirmed
Disposition
Affirmed
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-25-00165-CR
Tomika Shanee Oliver,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
369th District Court of Leon County, Texas
Judge Charles Michael Davis, presiding
Trial Court Cause No. 24-145-DCCR-00155
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
After a jury trial, Tomika Shanee Oliver was convicted of the felony
offense of evading arrest or detention with a vehicle. See TEX. PENAL CODE
ANN. § 38.04(b)(2)(A). The jury found two felony enhancement paragraphs to
be true and assessed punishment at ninety-nine years in prison. Oliver
presents one issue on appeal: whether the State’s discussion of parole law
during the final argument of the punishment phase warrants a new trial.
Oliver concedes that she did not object to the State’s final jury argument.
A defendant’s failure to object to a jury argument forfeits her right to complain
about the argument on appeal. Cockrell v. State, 933 S.W.2d 73, 89 (Tex. Crim.
App. 1996). Because an objection was necessary to preserve error, if any,
regarding this issue, we overrule Oliver’s sole issue on appeal and affirm the
judgment of the trial court. See Sanders v. State, No. 10-12-00019-CR, 2012
WL 5974017, at *3 (Tex. App.—Waco Nov. 29, 2012, pet. ref’d) (mem. op., not
designated for publication) (holding an objection was necessary to preserve
error regarding jury argument on parole law).
STEVE SMITH
Justice
OPINION DELIVERED and FILED: March 26, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed
Do not publish
CRPM
Tomika Shanee Oliver v. The State of Texas Page 2
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