Opinion
No. 05-05-00974-CR
Opinion Filed April 21, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F05-50827-UK. Affirm.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
OPINION
Waymond Lee Cooksey pleaded guilty to forgery. Tex. Pen. Code Ann. § 32.21 (Vernon Supp. 2005). The trial court assessed punishment at two years' confinement in a state jail facility. In a single issue, appellant contends the sentence constitutes cruel and unusual punishment. We affirm. Appellant argues the two-year sentence is grossly disproportionate to the offense and violates both the United States and Texas Constitutions' prohibitions against cruel and unusual punishment. See U.S. Const. Amends. VIII, XIV; Tex. Const. Art. I § 13. The State responds that appellant failed to preserve his claim for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitutions. Appellant did not complain about his sentence either at the time it was imposed or in a motion for new trial. See Tex.R.App.P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d 719, 723 (Tex.App.-Dallas 2003, no pet.). Even constitutional rights, including the right to be free from cruel and unusual punishment, may be waived. Rhoades v. State, 934 S.W.2d 113, 120 (Tex.Crim.App. 1996); Castaneda, 135 S.W.3d at 723. Moreover, the two-year sentence is within the statutory punishment range for a state-jail felony offense. See Tex. Pen. Code Ann. § 12.35 (Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex.App.-Dallas 1997, pet. ref'd). We resolve appellant's sole issue against him. We affirm the trial court's judgment.