Opinion
No. 10-15-00033-CR
02-11-2016
JASON WADE PRUITT, Appellant v. THE STATE OF TEXAS, Appellee
From the 52nd District Court Coryell County, Texas
Trial Court No. FISC-14-22201
MEMORANDUM OPINION
Jason Wade Pruitt was convicted of the offense of Continuous Sexual Abuse of a Young Child and sentenced to life in prison. See TEX. PENAL CODE ANN. § 21.02 (West 2011). Because Pruitt's sole issue on appeal was not preserved, we affirm the trial court's judgment.
Pruitt contends in his sole issue that section 21.02 of the Texas Penal Code is facially unconstitutional. He acknowledges that he is raising a facial challenge to the constitutionality of a statute for the first time on appeal and that, under existing law, this is not permitted. The State agrees.
Pruitt raises his issue to preserve the error for potential review in the Court of Criminal Appeals. --------
Pruitt is correct in his assessment of the current state of the law in Texas. The Court of Criminal Appeals has held that a defendant may not raise for the first time on appeal a facial challenge to the constitutionality of a statute. Karenev v. State, 281 S.W.3d 428, 434 (Tex. Crim. App. 2009). Further, preservation of error is a systemic requirement on appeal; and if an issue has not been preserved for appeal, as in this case, we should not address the merits of the issue. Ford v. State, 305 S.W.3d 530, 532 (Tex. Crim. App. 2009). See Wilson v. State, 311 S.W.3d 452, 473 (Tex. Crim. App. 2010).
Pruitt's facial challenge to the constitutionality of the statute is not preserved for our review. Accordingly, his sole issue is overruled, and the trial court's judgment is affirmed.
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Affirmed
Opinion delivered and filed February 11, 2016
Do not publish
[CRPM]