Opinion
No. 13-04-296-CR
Memorandum Opinion Delivered and Filed October 6, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 36th District Court of San Patricio County, Texas.
Before Chief Justice VALDEZ and Justices CASTILLO and GARZA.
MEMORANDUM OPINION
Angel Medina was shot and killed in a drive-by shooting on August 6, 2003. Appellant, Christopher Gutierrez, was indicted for Medina's murder, along with four other co-defendants, Mark Rios, Judas Tamayo Leal, Adrian Mendoza, and Billy Joe Martinez. Appellant, Rios, and Leal were tried jointly, and the jury found them guilty of murder. Appellant elected to have the trial court determine his punishment, which was assessed at imprisonment for 40 years. Appellant now contends that his sentence is cruel and unusual and disproportionate to the severity of the offense and therefore violates protections afforded to him under the United States Constitution. There is no indication in the record that appellant raised any objection with the trial court regarding his sentence. Several intermediate appellate courts have held that complaints such as appellant's cannot be raised for the first time on appeal. See Steadman v. State, 160 S.W.3d 582, 586 (Tex.App.-Waco 2005, no pet.); Castaneda v. State, 135 S.W.3d 719, 723 (Tex.App.-Dallas 2003, no pet.); Jackson v. State, 69 S.W.3d 657, 658-59 (Tex.App.-Texarkana 2002, no pet.); Solis v. State, 945 S.W.2d 300, 301 (Tex.App.-Houston [1st Dist.] 1997, pet. ref'd). In keeping with this precedent, we hold that appellant has failed to preserve for appellate review the complaint he now seeks to raise. Accordingly, appellant's sole issue on appeal is overruled and the judgment of the trial court is affirmed.