Green, Kwasi Antoinne AKA Kwasi Antoine Green v. State

• Court: Court of Appeals of Texas
• Decided: January 4, 2001
• Docket: 13-00-00237-CR
• Status: Published

Opinion

NUMBER 13-00-237-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

KWASI ANTOINNE GREEN, A/K/A

KWASI ANTOINE GREEN

, Appellant,

v.

THE STATE OF TEXAS

, Appellee.

___________________________________________________________________

On appeal from the 156th District Court of Bee County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Rodriguez and Kennedy⁽¹⁾

Opinion by Justice Kennedy

Appellant was charged in a two-count indictment with aggravated sexual assault. He pleaded guilty to the first of the counts and the court found that the evidence substantiated his guilt. The court then placed appellant on probation for ten years.

Subsequently, the state filed a motion to revoke probation, which motion alleged eight violations of the terms and conditions of his probation. The court, following a hearing, found the allegations in the motion to revoke to be true, adjudicated appellant's guilt, and sentenced him to confinement for twelve years.

Appellant's brief brings a single point of error which alleges that the punishment assessed was disproportionate to the seriousness of the offense. We affirm the judgment of the trial court.

First, we note the often, and long cited rule that punishment assessed by a judge or a jury within the limits prescribed by statute is not cruel and unusual within the constitutional prohibition. See Samuel v. State, 477 S.W.2d 611, 614 (Tex. Crim. App. 1972). However, as stated in the preceding paragraph, appellant does not argue that the punishment imposed in this case is cruel and unusual but, rather, that it is disproportionate. The twelve years' confinement assessed in this case is not disproportionate to the offense of aggravated sexual assault of a twelve-year old girl. We overrule the one point of error and AFFIRM the judgment of the trial court.

NOAH KENNEDY

Retired Justice

Do not publish

. Tex. R. App. P. 47.3(b).

Opinion delivered and filed this the 4th day of January, 2001.

1. Retired Justice Noah Kennedy assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to Tex. Gov't Code Ann. § 74.003 (Vernon 1998).