Opinion
No. 05-12-00037-CR
08-02-2012
LOIS JEAN HARRIS, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRM; Opinion issued August 2, 2012
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F10-72501-Y
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
Lois Jean Harris waived a jury, pleaded guilty to possession with intent to deliver dihydrocodeinone in an amount of 200 grams or more but less than 400 grams. See Tex. Health & Safety Code Ann. § 481.112(a) (West 2010). The trial court assessed punishment at fifteen years' imprisonment. In a single issue, appellant contends the trial court abused its discretion by sentencing her to imprisonment. We affirm the trial court's judgment. The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled.
Appellant contends the trial court abused its discretion, and violated the objectives of the penal code, by sentencing her to imprisonment. Specifically, appellant asserts the sentence does not address her drug addiction and mental health issues, and she should have received help for her drug addiction rather than imprisonment. The State responds that appellant has not preserved this issue for appellate review and, alternatively, the record does not show the sentence violates the objectives of the penal code.
Appellant did not complain about the sentence either at the time it was imposed or in a 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.). Thus, appellant has not preserved her issue for our review.
Moreover, as a general rule, punishment that is assessed within the statutory range for an offense is not excessive or unconstitutionally cruel or unusual. Kirk v. State, 949 S.W.2d 769, 772 (Tex. App.-Dallas 1997, pet. ref'd). The punishment range for the offense in this case is imprisonment for life or for any term from ten to ninety-nine years, and an optional fine of up to $100,000. See Tex. Health & Safety Code Ann. § 481.112(e). In this case, the fifteen-year sentence the trial court imposed is at the lower end of the punishment range for the offense.
Although appellant pleaded true to an enhancement paragraph contained in the indictment, the trial court did not find the enhancement paragraph true. Therefore, the enhancement paragraph did not impact the punishment range.
We conclude the trial court did not abuse its discretion in assessing the fifteen-year sentence. See Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984). We resolve appellant's sole issue against her.
We affirm the trial court's judgment.
KERRY P. FITZGERALD
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120037F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
LOIS JEAN HARRIS, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00037-CR
Appeal from the Criminal District Court No. 7 of Dallas County, Texas. (Tr.Ct.No. F10- 72501-Y).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered August 2, 2012.
KERRY P. FITZGERALD
JUSTICE