Jarad Francis Cola v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 27, 2022
• Docket: 10-21-00146-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00146-CR

JARAD FRANCIS COLA, Appellant v.

THE STATE OF TEXAS, Appellee

From the 52nd District Court Coryell County, Texas Trial Court No. 20-25908

MEMORANDUM OPINION

Appellant Jarad Francis Cola was convicted by a jury of the offense of continuous

sexual abuse of a child under the age of fourteen, a violation of Texas Penal Code

section 21.02(b). TEX. PENAL CODE ANN. § 21.02(b). The jury assessed Cola’s

punishment at life in prison, and the trial court sentenced him accordingly.

In one issue, Cola challenges the facial constitutionality of section 21.02. We will

affirm. Cola concedes that he did not raise this issue at trial and raises it in this appeal to

preserve the error for potential review in the Court of Criminal Appeals. A facial

challenge to the constitutionality of a statute may not be raised for the first time on

appeal. Karenev v. State, 281 S.W.3d 428, 434 (Tex. Crim. App. 2009); therefore, Cola’s

complaint is not preserved for review. Id.; see also TEX. R. APP. P. 33.1(a)(1).

Accordingly, we overrule Cola’s sole issue and affirm the judgment of the trial

court.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed Opinion delivered and filed April 27, 2022 Do not publish [CRPM]

Cola v. State Page 2