Opinion
NO. 09-11-00558-CR
04-18-2012
WILDA GOFFNEY REECE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 411th District Court
San Jacinto County, Texas
Trial Cause No. 10039
MEMORANDUM OPINION
This is an appeal from the trial court's judgment revoking community supervision. We affirm the trial court's judgment.
Appellant Wilda Goffney Reece pleaded guilty to hindering a secured creditor. The trial court found the evidence sufficient to find Reece guilty, but deferred further proceedings, placed Reece on community supervision for five years, and assessed a fine of $250. The State subsequently filed a motion to revoke Reece's unadjudicated community supervision. Reece pleaded "not true" to each of the alleged violations of the terms of her community supervision. After conducting an evidentiary hearing, the trial court found that Reece violated the conditions of her community supervision, found her guilty, and assessed punishment at fifteen months of confinement in a state jail facility.
In her sole appellate issue, Reece contends that the evidence failed to establish that her sentence is proportionate to the seriousness of her offense. We interpret Reece's argument as a contention that the trial court's sentencing was disproportionate and unreasonable. See U.S. Const. amend. VIII; Tex. Const. art. I, § 13. Reece asserts that "confinement in State Jail for a term of 15 months is not proportionate to the seriousness of an offense arising out of furniture lost in storage."
The record does not reflect that Reece raised her state and federal constitutional complaints in the trial court. See Tex. R. App. P. 33.1(a). However, even if Reece had preserved her issue for our review, her argument would still fail. Reece's sentence was within the statutorily-authorized range of punishment for her offense. See Tex. Penal Code Ann. § 32.33(d)(4) (West 2011) (hindering a secured creditor is a state jail felony when the value of the property is $1,500 or more but less than $20,000); Tex. Penal Code Ann. § 12.35(a), (b) (West Supp. 2011) (state jail felony punishment is confinement of not more than two years or less than 180 days in a state jail facility and a fine of up to $10,000). Generally, a sentence that is within the range of punishment established by the Legislature will not be disturbed on appeal. Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984). In addition, a punishment that is within the statutory range for the offense is generally not excessive under the United States Constitution or the Texas Constitution. Kirk v. State, 949 S.W.2d 769, 772 (Tex. App.—Dallas 1997, pet. ref'd); see also Jackson v. State, 989 S.W.2d 842, 846 (Tex. App.—Texarkana 1999, no pet.). Accordingly, we overrule Reece's sole issue and affirm the trial court's judgment.
Because the 2011 amendment to section 12.35 is not material to this appeal, we cite the current version of the statute.
AFFIRMED.
STEVE McKEITHEN
Chief Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.