Vidaurri v. State

In Vidaurri v. State, 49 S.W.3d 880, 885-886 (Tex. Crim. App. 2001), the defendant asserted he should not be bound by the preservation of error requirement because "he was sentenced immediately after being adjudicated guilty, leaving no time to lodge an objection." Id. at 885. The Court of Criminal Appeals held that Vidaurri's issue had not been preserved for review. Id. at 886-887. Likewise, a defendant who raises a Batson claim at trial forfeits his opportunity to complain on appeal about what his response to the State's race neutral reasons would have been when he fails to timely present his evidence in rebuttal of the State's race neutral reasons or object to the trial court's refusal to let him do so. TEX. R. APP. P. 33.1.