Augustine Navarro v. State ( 2019 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00007-CR
AUGUSTINE NAVARRO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 427th District Court
Travis County, Texas
Trial Court No. D-1-DC-17-206016
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Augustine Navarro entered an open plea of guilty to, and was convicted of, unlawful
possession of a firearm by a felon. After a bench trial on punishment, Navarro was sentenced to
ten years’ imprisonment. He appeals. 1
In companion cause number 06-19-00006-CR, Navarro also appeals his conviction for
aggravated robbery with a deadly weapon. Navarro has filed a single brief in which he raises
issues common to both of his appeals. Navarro argues that his sentence was disproportionate to
his crime and constituted an abuse of discretion because it was not supported by legally sufficient
evidence.
We addressed these issues in detail in our opinion of this date on Navarro’s appeal in cause
number 06-19-00006-CR. For the reasons stated therein, we likewise conclude that Navarro failed
to preserve his disproportionate sentence claim in this cause and that, because his sentence was
within the range of punishment, he is not entitled to a sufficiency review of his sentence.
1
Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court
pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. In this transfer case, we will apply
the law of the transferor court, the Third Court of Appeals. See TEX. R. APP. P. 41.3.
2
We affirm the trial court’s judgment.
Josh R. Morriss, III
Chief Justice
Date Submitted: September 3, 2019
Date Decided: September 11, 2019
Do Not Publish
3