Opinion
No. 05-06-00701-CR
Opinion Filed February 21, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.
Appeal from the 363rd Judicial District Court Dallas County, Texas, Trial Court Cause No. F05-58924-W.
Before Justices WHITTINGTON, FRANCIS, and LANG.
OPINION
Kenneth Eugene Lee waived a jury and pleaded guilty to possession with intent to deliver cocaine in an amount of four grams or more, but less than 200 grams. See Tex. Health Safety Code Ann. § 481.112(a), (d) (Vernon 2003). The trial court assessed punishment at thirty-five years imprisonment and an $800 fine. In two points of error, appellant contends the sentence constitutes cruel and unusual punishment. We affirm the trial court's judgment. Appellant argues the trial court imposed a grossly disproportionate and inappropriate sentence in violation of the United States and Texas Constitutions. See U.S. Const. Amend. VIII, XIV; Tex. Const. art. 1, § 13. Appellant asserts his remorse for past drug use and dealing, and the fact that he has taken steps to find employment, should have mitigated his punishment. The State responds that appellant did not preserve his complaint for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitution. 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.). 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. Because appellant has not preserved his complaints, we overrule his points of error. We affirm the trial court's judgment.