Opinion
No. 05-04-01370-CR
Opinion Filed March 14, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F03-58364-VK. Affirm.
Before Justices RICHTER, LANG, and MAZZANT.
OPINION
Abel Longoria Dominguez waived a jury trial and pleaded guilty to aggravated robbery. See Tex. Pen. Code Ann. § 29.03 (Vernon 2003). The trial court sentenced appellant to fifteen years' imprisonment, assessed a $1000 fine, and made an affirmative finding that appellant used or exhibited a deadly weapon, a firearm, during the commission of the offense. In two issues, appellant contends the sentence constitutes cruel and unusual punishment. We affirm the trial court's judgment. Appellant argues the fifteen-year sentence is grossly disproportionate to the offense and violates both the United States and Texas Constitutions' prohibitions against cruel and unusual punishment. See U.S. Const. Amends. VIII, XIV; Tex. Const. Art. I § 13. The State responds that appellant failed to preserve his claim for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitutions. Appellant did not complain about 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. Moreover, the fifteen-year sentence is within the statutory punishment range for a first-degree felony offense. See Tex. Pen. Code Ann. § 12.32 (Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex.App.-Dallas 1997, pet. ref'd). We resolve appellant's issues against him. We affirm the trial court's judgment.
The trial court's judgment spells appellant's first name as "Able." However, the record shows appellant signed his first name "Abel."