Peyronel, Bobby Joe, 465 S.W.3d 650

Appellant convicted of aggravated sexual assault of a child; jury assessed punishment at a $10,000 fine and 50 years’ confinement.
During a break in punishment, an unidentified woman described as “part of the defense” approached a juror and asked, “How does it feel to convict an innocent man?”
At a conference outside the jury’s presence, the court (on its own motion) ordered witnesses excluded from the courtroom; the State requested exclusion of female members of the defendant’s family; the judge instead excluded the entire gallery for the remainder of punishment.
On direct appeal the court of appeals held the exclusion violated Appellant’s public‑trial right, reversed as to punishment, and remanded for a new punishment hearing.
The State sought discretionary review, arguing the public‑trial right is subject to forfeiture and Appellant failed to preserve the complaint.
The Court granted review and held the right to a public trial is forfeitable and that Appellant failed to preserve his public‑trial objection, reversing the court of appeals’ remand for a new punishment trial and otherwise affirming the trial court.

Issue	Appellant's Argument	State's Argument	Held
Whether the Sixth‑/state‑public‑trial right is subject to forfeiture	Right cannot be forfeited; must be enforced absent voluntary waiver	Public‑trial right may be forfeited by inaction	The right is subject to forfeiture (majority adopts prevailing rule among jurisdictions)
Whether Appellant preserved his public‑trial claim for appellate review	Objected that exclusion was “too broad” and would create impression he had no support; argues this preserved the constitutional claim	Objection insufficiently specific to alert trial court to constitutional public‑trial claim	Not preserved — objection lacked sufficient specificity to put trial court on notice to rule on a Waller hearing; appellate review barred by forfeiture

Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993) (distinguishing mandatory rights, waivable rights, and rights forfeited by inaction)
Levine v. United States, 362 U.S. 610 (1960) (public‑trial right can be forfeited through inaction)
Waller v. Georgia, 467 U.S. 39 (1984) (procedures required before closing a courtroom)
Peretz v. United States, 501 U.S. 923 (1991) (citing Levine regarding forfeiture of public‑trial protections)
Freytag v. Commissioner, 501 U.S. 868 (1991) (citing Levine on forfeiture principles)