Russell v. State
Russell v. State
Opinion of the Court
OPINION
The trial court adjudicated Appellant David Allen Russell guilty of two counts of indecency with a child by contact in cause 0747847D and two counts of indecency with a child by contact in cause 0750351D on his pleas of true to allegations that he had violated the terms and conditions of his deferred adjudication community supervision. The trial court sentenced Russell to fifteen years’ confinement in each cause. In a single issue, Russell argues that his fifteen-year sentences violate the Eighth Amendment’s prohibition- against grossly disproportionate sentences.
This court stated the following in Kim v. State:
It is axiomatic that errors that are asserted on the part of the trial court must generally be brought to the trial court’s attention in order to afford the trial court an opportunity to correct the error, if any. To preserve for appellate review a complaint that a sentence is grossly disproportionate, constituting cruel and unusual punishment, a defendant must present to the trial court a timely request, objection, or motion stating the specific grounds for the ruling desired.
Kim’s complaint about the alleged dis-proportionality of his sentence was not raised at the time it was imposed or in a motion for new trial. Therefore, he preserved nothing for our review.
283 S.W.3d 473, 475 (Tex.App.-Fort Worth 2009, pet. ref'd) (citations omitted).
Similarly, here, Russell did not assert any objection when the trial court sentenced him to fifteen years’ confinement in
DAUPHINOT, J., filed a concurring opinion.
GABRIEL, J., concurs without opinion.
. Indecency with a child by contact, a second-degree felony, is punishable by a term of imprisonment of not more than twenty years or less than two years. Tex. Penal Code Ann. §§ 12.33(a), 21.11(d) (Vernon Supp. 2010).
. 283 S.W.3d 473, 476-79 (Tex.App.-Fort Worth 2009, pet. ref’d) (Dauphinot, J., concurring and dissenting).
Concurring Opinion
concurring.
For the reasons expressed in my concurrence to the majority opinion in Laboriel-Guity v. State
. 336 S.W.3d 754, 757-59 (Tex.App.-Fort Worth 2011, pet. filed) (Dauphinot, J., concurring).
. We decline Russell's unsupported invitation "to treat the Eighth Amendment issues similar to those regarding ineffective assistance of counsel.”
Reference
- Full Case Name
- David Allen RUSSELL, Appellant, v. the STATE of Texas, State
- Cited By
- 64 cases
- Status
- Published