Opinion
No. 05-11-01319-CR
07-31-2012
ANTHONY DEWAYNE JAMERSON, Appellant v. THE STATE OF TEXAS, Appelle
AFFIRM; Opinion issued July 31, 2012
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F10-62120-T
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
Opinion By Justice Bridges
Anthony Dewayne Jamerson waived a jury, pleaded guilty to burglary of a habitation, and pleaded true to one enhancement paragraph. See Tex. Penal Code Ann. § 30.02(a) (West 2011). The trial court assessed punishment at twenty-two years' imprisonment.
Appellant contends the trial court abused its discretion and violated the objectives of the penal code by sentencing him to prison. Specifically, appellant asserts the sentence does not address his drug addiction and mental health issues, and is merely punitive. The State responds that appellant has not preserved this issue for appellate review and, alternatively, the record does not show the sentences violate the objectives of the penal code.
Appellant did not complain about the sentence either at the it was imposed or in his motion for new trial, which complained the “verdict” was “contrary to the law and evidence.” 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 his 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 burglary of a habitation, enhanced from a second-degree felony offense to a first-degree felony offense by a prior felony conviction, is five to ninety-nine years or life imprisonment and an optional fine of up to $10,000. See Tex. Penal Code Ann. §§ 12.32(a), 12.42(b), 30.02(c)(2). Appellant's twenty-two-year sentence was on the lower end of the statutory range.
We conclude the trial court did not abuse its discretion by assessing the twenty-two-year sentence. See Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984). We resolve appellant's sole issue against him.
DAVID L. BRIDGES
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111319F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
ANTHONY DEWAYNE JAMERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-01319-CR
Appeal from the 283rd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F10- 62120-T).
Opinion delivered by Justice Bridges, Justices Francis and Lang participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered July 31, 2012.
DAVID L. BRIDGES
JUSTICE