David Keith Barron v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-17-00270-CR

DAVID KEITH BARRON, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 443rd District Court Ellis County, Texas

Trial Court No. 41187CR

MEMORANDUM OPINION

Appellant David Keith Barron was convicted of driving while intoxicated, a third or more offense, and sentenced to six years in prison. See TEX. PENAL CODE ANN. §§ 49.04; 49.09. The trial court’s judgment is affirmed.

In two issues, Barron contends that his six-year sentence was grossly disproportionate to the crime and inappropriate to the offender under the Eighth Amendment to the United States Constitution and Article I, Section 13 of the Texas Constitution. See U.S. CONST. amend. VIII; see also TEX. CONST. art. I, § 13.

A disproportionate-sentence claim must be preserved for appellate review. See TEX. R. APP. P. 33(a)(1); Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996) (en banc); Mercado v. State, 718 S.W.2d 291, 296 (Tex. Crim. App. 1986) (en banc); see also Noland v. State, 264 S.W.3d 144, 151 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d). At trial, Barron did not object to the imposed sentence. Further, Barron did not raise a disproportionate-sentence claim in his motion for new trial or otherwise present a post- trial objection to the imposed sentence. Thus, Barron’s complaints in these two issues are not preserved and are overruled.

Having overruled Barron’s issues on appeal, we affirm the trial court’s judgment.

REX D. DAVIS

Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed Opinion delivered and filed May 22, 2019 Do not publish [CR25]

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