Mark Anthony Delesma v. the State of Texas ( 2023 )

AFFIRMED and Opinion Filed June 30, 2023
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00792-CR
MARK ANTHONY DELESMA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-54906-M
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Smith
Opinion by Justice Carlyle
Mr. Delesma complains his 10-year-sentence for possession of more than one
but less than four grams of methamphetamine (1) violates the Eighth Amendment’s
prohibition against cruel and unusual punishment; and (2) violates claimed rights
under the “objectives the Texas Penal Code as a whole is supposed to serve and
achieve”; and that the trial court erred by (3) failing to afford him his common law
right to allocution.
Assuming he preserved his first issue, the sentence is within the punishment
range for the charged offense. See TEX. HEALTH & SAFETY CODE § 481.115(c); TEX.
PENAL CODE § 12.34. We conclude it is not grossly disproportionate and passes
constitutional muster. See State v. Simpson, 488 S.W.3d 318, 322 (Tex. Crim. App.
2016).
Mr. Delesma did not preserve his challenge that the sentence fails to achieve
what he suggests are the objectives of the Texas Penal Code, even in his motion for
new trial. See TEX. R. APP. P. 33.1(a); Zamarron v. State, No. 05-19-00632-CR, 2020
WL 6280869, at *4 (Tex. App.—Dallas Oct. 27, 2020, pet. ref’d) (mem. op., not
designated for publication).
Finally, Mr. Delesma did not preserve a complaint regarding any common law
right to allocution by timely objection at sentencing and had the opportunity to object
at that time. See TEX. R. APP. P. 33.1(a); Loring v. State, No. 05-18-00421-CR, 2019
WL 3282962, at *5 (Tex. App.—Dallas July 22, 2019, no pet.) (mem. op., not
designated for publication).
We overrule Mr. Delesma’s three issues and affirm the trial court’s judgment.
/Cory L. Carlyle/
220729f.u05 CORY L. CARLYLE
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARK ANTHONY DELESMA, On Appeal from the 194th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F15-54906-M.
No. 05-22-00792-CR V. Opinion delivered by Justice Carlyle.
Justices Molberg and Smith
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered this 30th day of June, 2023.
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