Ramsey Trevino v. State ( 2008 )

    Opinion issued June 19, 2008  

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00668-CR

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RAMSEY TREVINO Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1107698

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MEMORANDUM OPINION

Appellant, Ramsey Trevino, appeals the trial court's judgment. In a single issue, appellant contends that the trial court's sentence of ten years imprisonment and $500 was grossly disproportionate to the offense for which he was convicted. Appellant acknowledges that error was not preserved because his trial counsel did not object or file a motion for new trial. See Tex. R. App. P. 33.1 (requiring that party present complaint to trial court by timely, specific objection or motion and obtain ruling from trial court to preserve complaint for appellate review). He argues that Tex. R. App. P. 33.1(a) provides an exception when the specific grounds of a party's complaint are apparent from the record, which, he contends is the situation here.

We rejected this argument in Jacoby v. State. 227 S.W.3d 128, 130-31 (Tex. App.--Houston [1st Dist.] 2006, pet. ref'd). A challenge to the proportionality of a sentence may not be raised for the first time on appeal. Id.

Because this issue is not preserved, we overrule appellant's only issue, and we

affirm the judgment of the trial court.

Sam Nuchia

Justice

Panel consists of Justices Nuchia, Alcala, and Hanks

Do not publish. Tex. R. App. P. 47.2(b).