Shan Antwon Mitchell v. State of Texas

Opinion filed October 25, 2012

In The

Eleventh Court of Appeals

__________ No. 11-10-00347-CR __________

SHAN ANTWON MITCHELL, Appellant

V. STATE OF TEXAS, Appellee On Appeal from the 385th District Court Midland County, Texas Trial Court Cause No. CR34409

MEMORANDUM OPINION

Shan Antwon Mitchell appeals from two convictions of the offense of burglary of a habitation. Mitchell had originally received deferred adjudication and was placed on community supervision for six years in each count. After revoking Mitchell’s community supervision and adjudicating his guilt, the trial court assessed his punishment in each count at eight years in the Texas Department of Criminal Justice, Institutional Division. We affirm.

In a single issue on appeal, Mitchell urges that the sentences he received were cruel and unusual, based on his “horrendous upbringing.” Because Mitchell never objected to the punishment assessed either at trial or in a motion for new trial, nothing is presented for review. TEX. R. APP. P. 33.1(a)(1)(A); see also Hernandez v. State, No. 11-09-00065-CR, 2010 WL 4148359, at *3 (Tex. App.—Eastland Oct. 21, 2010, pet. ref’d) (mem. op., not designated for publication). We overrule Mitchell’s sole issue on appeal.

The judgments are affirmed.

PER CURIAM October 25, 2012 Do not publish. See TEX. R. APP. P. 47.2(b).

Panel1 consists of: Wright, C.J., McCall, J., and Hill.2