Miles Joshua Woods v. the State of Texas ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00002-CR
___________________________
MILES JOSHUA WOODS, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 213th District Court
Tarrant County, Texas
Trial Court No. 1466397D
Before Kerr, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant Miles Joshua Woods pleaded guilty to the second-degree-felony
offense of aggravated assault with a deadly weapon (a lesser-included offense)1 in
exchange for eight years of deferred-adjudication community supervision. See Tex.
Penal Code Ann. § 22.02(a)(2), (b).
The State subsequently petitioned to proceed to adjudication, and Woods
pleaded true to the State’s allegations. 2 The trial court found the allegations true,
adjudicated Woods guilty, and sentenced him to 12 years’ confinement. See id.§ 12.33(a) (stating second-degree-felony punishment range of 2 to 20 years); Hammer v.
State, 461 S.W.3d 301, 303–04 (Tex. App.—Fort Worth 2015, no pet.) (“Generally,
punishment within the statutory limits is not excessive, cruel[,] or unusual.”). Woods
raised no objections at the punishment hearing or upon his sentence’s
pronouncement. In his motion for new trial, Woods argued only that “[t]he verdict is
contrary to the law and evidence. There is newly discovered evidence.”
Woods complains on appeal that his sentence is grossly disproportionate to the
offense and therefore violates the Eighth Amendment prohibition on cruel and
unusual punishment. Because Woods failed to raise this complaint in the trial court by
1
Woods had been charged with having killed Alfredo Luna by stabbing him
with a knife in July 2016.
2
The State alleged that Woods had violated his community supervision by
using, possessing, or consuming alcohol, by committing a DWI, and by being
unsuccessfully discharged from the SWIFT court program.
2
objecting to the length of his sentence following pronouncement or by asserting any
challenge to it in his motion for new trial, he has failed to preserve it for appeal. See
Tex. R. App. P. 33.1(a); Sample v. State, 405 S.W.3d 295, 303–04 (Tex. App.—Fort
Worth 2013, pet. ref’d). We overrule Woods’s sole point and affirm the trial court’s
judgment.
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: June 8, 2023
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