Darion Amos v. State
Opinion
Opinion issued December 20, 2016.
In The
Court of Appeals
For The
First District of Texas
at sixteen years’ confinement in the Texas Department of Criminal Justice. In one issue, appellant argues that his sentence is grossly disproportionate to the offense committed and, therefore, it violates the Eighth Amendment of the United States Constitution. See U.S. CONST. amend. VIII.
The Eighth Amendment prohibits cruel and unusual punishment, including “extreme sentences that are ‘grossly disproportionate’ to the crime” committed. Graham v. Florida, 560 U.S. 48, 59–60, 130 S. Ct. 2011, 2021 (2010) (citation omitted). But, the right to be free from cruel and unusual punishment is waivable, and thus, claims of a disproportionate sentence must be preserved for appellate review. TEX. R. APP. P. 33.1(a); Noland v. State, 264 S.W.3d 144, 151 (Tex. App.— Houston [1st Dist.] 2007, pet. ref’d). To preserve a complaint for appellate review, the record must show that the complaint was made to the trial court by a timely request, objection or motion, stating the specific grounds for the ruling desired. See TEX. R. APP. P. 33.1(a)(1). The record does not demonstrate that appellant asserted his grossly disproportionate sentence claim to the trial court during his sentencing hearing, in a post-trial motion, or at any other time. Therefore, we hold that error was not preserved. TEX. R. APP. P. 33.1(a); Noland, 264 S.W.3d at 151.
We overrule appellant’s sole issue.
Conclusion
We affirm the trial court’s judgment.
Russell Lloyd
Justice
Panel consists of Justices Bland, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).
Free access — add to your briefcase to read the full text and ask questions with AI
Darion Amos v. State (Darion Amos v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.