Opinion
NO. 09-11-00581-CR
07-25-2012
TANJIA COLLEEN CHANDLER A/K/A TANJIA SMITH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from Criminal District Court
Jefferson County, Texas
Trial Cause No. 10-09966
MEMORANDUM OPINION
Tanjia Colleen Chandler, a/k/a Tanjia Smith, pleaded guilty to intoxication manslaughter, a second degree felony. The jury assessed punishment at twenty years in prison. Chandler argues the punishment is cruel and unusual. The Eighth Amendment to the United States Constitution and article 1.09 of the Texas Code of Criminal Procedure prohibit cruel and unusual punishment. The prohibition includes "extreme sentences that are grossly disproportionate to the crime."
See Tex. Penal Code Ann. § 49.08 (West 2011).
U.S. Const. amend. VIII; Tex. Code Crim. Proc. Ann. art. 1.09 (West 2005).
Graham v. Florida, 130 S.Ct. 2011, 2021, 176 L.Ed.2d 825 (2010) (internal quotation omitted).
Chandler's vehicle veered off the road, deflected off the guardrail, veered across the highway, and struck another vehicle head-on. The driver was killed. Chandler testified she consumed one beer prior to going to a bar that afternoon, and then four beers and a "shot" after she arrived at the establishment. Toxicology reports show that Chandler's blood alcohol level was 0.23. Chandler had never been convicted of a felony. She had one prior DWI conviction and one prior conviction for public intoxication, and had previously been placed on probation for possession of a controlled substance.
See Tex. Penal Code Ann. § 49.01(2)(B) (West 2011).
To preserve her complaint regarding punishment, Chandler had to make a timely objection to the trial court. She did not object at trial or file a post-judgment motion challenging the punishment. The issue is not preserved.
Tex. R. App. P. 33.1(a); Kim v. State, 283 S.W.3d 473, 475 (Tex. App.—Fort Worth 2009, pet. ref'd).
Even if she could challenge the sentence for the first time on appeal, the punishment assessed by the jury is not cruel, unusual, or excessive. The Court of Criminal Appeals has explained that, "[s]ubject only to a very limited, 'exceedingly rare,' and somewhat amorphous Eighth Amendment gross-disproportionality review, a punishment that falls within the legislatively prescribed range, and that is based upon the sentencer's informed normative judgment, is unassailable on appeal." The sentence is within the range allowed by law for a second degree felony. Nothing in the record establishes that Chandler's sentence is grossly disproportionate to the gravity of her offense. We overrule her issue and affirm the trial court's judgment.
Ex parte Chavez, 213 S.W.3d 320, 323-24 (Tex. Crim. App. 2006) (footnote omitted).
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AFFIRMED.
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DAVID GAULTNEY
Justice
Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ.