Opinion
No. 12-07-00264-CR
Opinion delivered July 9, 2008. DO NOT PUBLISH
Appealed from the Seventh Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
Matthew McMurray appeals the trial court's judgment sentencing him to twenty years of imprisonment for indecency with a child. In one issue, Appellant argues that he received an unconstitutionally disproportionate sentence. We affirm.
Background
Appellant was charged by indictment with having committed the offense of indecency with a child. After consulting with his appointed counsel, Appellant pleaded guilty to the offense. The trial court found Appellant guilty as charged and assessed his punishment at twenty years of imprisonment. This appeal followed.Disproportionate Sentence
Appellant contends that his sentence is unconstitutionally disproportionate to the evidence presented. Rule 33.1(a) of the Texas Rules of Appellate Procedure states as follows: As a prerequisite to presenting a complaint for appellate review, the record must show that:(1) the complaint was made to the trial court by a timely request, objection, or motion that:
(A) stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context; and
(B) complied with the requirements of the Texas Rules of Civil or Criminal Evidence or the Texas Rules of Civil or Appellate Procedure; and
(2) the trial court:
(A) ruled on the request, objection, or motion, either expressly or implicitly; or
(B) refused to rule on the request, objection, or motion, and the complaining party objected to the refusal.Tex. R. App. P. 33.1(a). The requirements of Rule 33.1 apply to the issue raised here by Appellant. See Willis v. State , 192 S.W.3d 585, 595-97 (Tex.App.-Tyler 2006, pet. ref'd). We have reviewed the record and have found no request, objection, or motion raising the complaint now brought on appeal. Therefore, this matter is not preserved for appellate review. See Tex. R. App. P. 33.1(a). We overrule Appellant's sole issue.