Darion Amos v. State ( 2016 )

Opinion issued December 20, 2016.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00980-CR
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DARION AMOS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 178th District Court
Harris County, Texas
Trial Court Case No. 1408362
MEMORANDUM OPINION
Appellant Darion Amos pleaded guilty to aggravated robbery of an individual
over sixty-five years of age or disabled,1 and the trial court assessed his punishment
1
See TEX. PENAL CODE ANN. § 29.03 (West Supp. 2016).
at sixteen years’ confinement in the Texas Department of Criminal Justice. In one
issue, appellant argues that his sentence is grossly disproportionate to the offense
committed and, therefore, it violates the Eighth Amendment of the United States
Constitution. See U.S. CONST. amend. VIII.
The Eighth Amendment prohibits cruel and unusual punishment, including
“extreme sentences that are ‘grossly disproportionate’ to the crime” committed.
Graham v. Florida, 560 U.S. 48, 59–60, 130 S. Ct. 2011, 2021 (2010) (citation
omitted). But, the right to be free from cruel and unusual punishment is waivable,
and thus, claims of a disproportionate sentence must be preserved for appellate
review. TEX. R. APP. P. 33.1(a); Noland v. State, 264 S.W.3d 144, 151 (Tex. App.—
Houston [1st Dist.] 2007, pet. ref’d). To preserve a complaint for appellate review,
the record must show that the complaint was made to the trial court by a timely
request, objection or motion, stating the specific grounds for the ruling desired. See
TEX. R. APP. P. 33.1(a)(1). The record does not demonstrate that appellant asserted
his grossly disproportionate sentence claim to the trial court during his sentencing
hearing, in a post-trial motion, or at any other time. Therefore, we hold that error
was not preserved. TEX. R. APP. P. 33.1(a); Noland, 264 S.W.3d at 151.
We overrule appellant’s sole issue.
2
Conclusion
We affirm the trial court’s judgment.
Russell Lloyd
Justice
Panel consists of Justices Bland, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
3