David Keith Barron v. State

IN THE
TENTH COURT OF APPEALS
No. 10-17-00270-CR
DAVID KEITH BARRON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 443rd District Court
Ellis County, Texas
Trial Court No. 41187CR
MEMORANDUM OPINION
Appellant David Keith Barron was convicted of driving while intoxicated, a third
or more offense, and sentenced to six years in prison. See TEX. PENAL CODE ANN. §§ 49.04;
49.09. The trial court’s judgment is affirmed.
In two issues, Barron contends that his six-year sentence was grossly
disproportionate to the crime and inappropriate to the offender under the Eighth
Amendment to the United States Constitution and Article I, Section 13 of the Texas
Constitution. See U.S. CONST. amend. VIII; see also TEX. CONST. art. I, § 13.
A disproportionate-sentence claim must be preserved for appellate review. See
TEX. R. APP. P. 33(a)(1); Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996) (en
banc); Mercado v. State, 718 S.W.2d 291, 296 (Tex. Crim. App. 1986) (en banc); see also
Noland v. State, 264 S.W.3d 144, 151 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d). At
trial, Barron did not object to the imposed sentence. Further, Barron did not raise a
disproportionate-sentence claim in his motion for new trial or otherwise present a post-
trial objection to the imposed sentence. Thus, Barron’s complaints in these two issues are
not preserved and are overruled.
Having overruled Barron’s issues on appeal, we affirm the trial court’s judgment.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Affirmed
Opinion delivered and filed May 22, 2019
Do not publish
[CR25]
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