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Allen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Sep 27, 2007
No. 06-07-00097-CR (Tex. App. Sep. 27, 2007)

Opinion

No. 06-07-00097-CR

Submitted: September 26, 2007.

Decided: September 27, 2007. DO NOT PUBLISH.

On Appeal from the 124th Judicial District Court, Gregg County, Texas, Trial Court No. 33869-B.

Before Morriss, C.J., Carter and Moseley, JJ.


MEMORANDUM OPINION


Eddie Wayne Allen, Jr., has appealed from his conviction for driving while intoxicated, subsequent offense. See Tex. Penal Code Ann. § 49.04 (Vernon 2003), § 49.09(b) (Vernon Supp. 2006). Allen pled guilty and stipulated to the evidence. He was sentenced by the trial court to five years' imprisonment. On appeal, Allen contends that the punishment assessed is disproportionate to his crime. To preserve his complaint for appellate review, Allen must have presented to the trial court a timely request, objection, or motion that stated the specific grounds for the desired ruling, or the complaint must be apparent from the context. See Tex. R. App. P. 33.1(a)(1); Harrison v. State, 187 S.W.3d 429, 433 (Tex.Crim.App. 2005); Williams v. State, 191 S.W.3d 242, 262 (Tex.App.-Austin 2006, no pet.) (claims of cruel and unusual punishment must be presented in timely manner); Nicholas v. State, 56 S.W.3d 760, 768 (Tex.App.-Houston [14th Dist.] 2001, pet. ref'd) (failure to complain to trial court that sentences were cruel and unusual waived claim of error for appellate review). We have reviewed the record of the trial proceeding. No relevant request, objection or motion was made. And, while this Court has held that a motion for new trial is an appropriate way to preserve this type of claim for review ( see Williamson v. State, 175 S.W.3d 522, 523-24 (Tex.App.-Texarkana 2005, no pet.); Delacruz v. State, 167 S.W.3d 904 (Tex.App.-Texarkana 2005, no pet.)), Allen did not file a motion for new trial. Allen has not preserved this issue for appeal. Therefore, we affirm the trial court's judgment.


Summaries of

Allen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Sep 27, 2007
No. 06-07-00097-CR (Tex. App. Sep. 27, 2007)
Case details for

Allen v. State

Case Details

Full title:EDDIE WAYNE ALLEN, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Sep 27, 2007

Citations

No. 06-07-00097-CR (Tex. App. Sep. 27, 2007)