Opinion
No. 05-06-00732-CR.
Opinion issued December 13, 2006. Do Not Publish.
On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F00-48278-TR.
Before Justices MORRIS, LANG, and LANG-MIERS.
OPINION
In this case, Jermaine Antwon Porter waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. The trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $750 fine. The State later moved to adjudicate guilt, alleging appellant violated the terms of his community supervision. After a hearing, the trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at forty years' imprisonment. In two issues, appellant contends the sentence constitutes cruel and unusual punishment. We affirm the trial court's judgment. Appellant argues the forty-year sentence is unconstitutionally disproportionate under the United States and Texas Constitutions. See U.S. Const. Amend. VIII, XIV; Tex. Const. art. 1, § 13. Appellant asserts his drug addiction caused him to commit the offense and he should have received drug treatment. The State responds that appellant did not preserve his complaints for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitutions. 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. Because appellant has not preserved his complaint for our review, we resolve his issues against him. We affirm the trial court's judgment.