Opinion
No. 05-07-00948-CR
Opinion Issued July 17, 2008. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 283rd Judicial District Court Dallas County, Texas, Trial Court Cause No. F06-44186-T.
Before Justices MORRIS, FITZGERALD, and LANG.
MEMORANDUM OPINION
At trial, Byron Craig Parker waived his right to a jury trial and pleaded guilty to assault with a previous family violence assault conviction. He now complains that his sentence is unconstitutional and disproportionate to his crime and that the trial court improperly considered a pending case against him. We affirm the trial court's judgment. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. In appellant's first issue, he contends his ten year sentence violates his constitutional rights and is disproportionate to his crime. Appellant did not complain about the constitutionality or disproportionate nature of his sentence either at the time it was imposed or in his 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. Because appellant did not raise his complaint at trial, it is waived on appeal. We resolve appellant's first issue against him. In his second issue, appellant complains the trial court improperly considered a pending case against him. At trial, the complainant in the case was questioned about whether she was aware of a misdemeanor assault pending against appellant from September 2005. The complainant testified that she did not know about the case and did not recall calling police in September 2005. Appellant never objected to this exchange between the complainant and the prosecutor. Accordingly, he has waived his right to complain of any error resulting from its admission. See Tex. R. App. P. 33.1(a)(1). We resolve appellant's second issue against him. We affirm the trial court's judgment.