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Bernal v. State

Court of Appeals of Texas, Seventh District, Amarillo
Jan 8, 2003
No. 07-00-0490-CR (Tex. App. Jan. 8, 2003)

Opinion

No. 07-00-0490-CR.

January 8, 2003. DO NOT PUBLISH.

From the 176th District Court of Harris County, No. 743691.

Before QUINN and REAVIS, JJ. and BOYD, S.J.

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.


MEMORANDUM OPINION


Pursuant to a plea bargain for aggravated sexual assault of a child, appellant was granted deferred adjudication and placed on community supervision for ten years. Upon the State's motion to proceed with an adjudication of guilt, appellant plead true to the allegations and the trial court adjudicated him guilty and sentenced him to ten years confinement and a $500 fine. By two points of error, appellant asserts the trial court committed reversible error in assessing a ten-year sentence because it was not proportional to the offense committed and violated his federal and state rights against cruel and unusual punishment. We hold that appellant did not preserve his complaints for appellate review. Although article 42.12, section 5(b) of the Texas Code of Criminal Procedure permits an appeal from assessment of punishment after an adjudication of guilt, it is still necessary to object at the time punishment is assessed to preserve the complaint. See Tex. R. App. P. 33.1(a)(1)(A); see also Hardeman v. State, 1 S.W.3d 689, 690 (Tex.Cr.App. 1999). Appellant did not object to the court's assessment of a ten-year sentence. Thus, his complaint is waived. Appellant's points of error are overruled. Accordingly, the judgment of the trial court is affirmed.


Summaries of

Bernal v. State

Court of Appeals of Texas, Seventh District, Amarillo
Jan 8, 2003
No. 07-00-0490-CR (Tex. App. Jan. 8, 2003)
Case details for

Bernal v. State

Case Details

Full title:MARK ANTHONY BERNAL, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jan 8, 2003

Citations

No. 07-00-0490-CR (Tex. App. Jan. 8, 2003)

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