Opinion
No. 05-08-00712-CR
Opinion Filed March 30, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 203rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F07-51455-SP.
Before Justices FRANCIS, LANG-MIERS, and MAZZANT.
OPINION
A jury convicted Cottrell Romon Nelson of murder and assessed punishment at life imprisonment and a $10,000 fine. In two issues, appellant contends his sentence constitutes cruel and unusual punishment. We affirm. In his two issues, appellant argues the sentence constitutes cruel and unusual punishment, in violation of the United States and Texas Constitutions. See U.S. Const. Amend. VIII, XIV; Tex. Const. Art. I, § 13. Appellant asserts the sentence is grossly disproportionate because he received the maximum punishment although evidence was presented that he could not read or write well and attended special education classes while in school, he dropped out of school by the seventh grade, he may have had drug problems, and he had never committed a prior violent offense. The State responds that appellant failed to preserve his complaints for appellate review, the sentence is not disproportionate to the offense and circumstances, and any potential relief would be limited to reassessment of punishment. Appellant did not complain about the sentence either at the time it was imposed or in his 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. Moreover, there is no evidence the sentence is cruel or unusual, and it is within the statutory punishment range for the offense. See Tex. Penal Code Ann. § 12.32(Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex.App.-Dallas 1997, pet. ref'd). We resolve appellant's two issues against him. We affirm the trial court's judgment.