Opinion
No. 05-16-00851-CR
06-22-2017
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F16-00007-H
MEMORANDUM OPINION
Before Justices Lang, Myers, and Stoddart
Opinion by Justice Myers
Ryan Reagor Redd waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a motor vehicle. After finding appellant guilty, the trial court assessed punishment at ten years' imprisonment. In a single issue, appellant contends the trial court abused its discretion in sentencing him to prison because the punishment violates the objectives of the penal code. We affirm the trial court's judgment.
Appellant contends the trial court's refusal to place him on community supervision constitutes an abuse of discretion because the sentence does not meet the objective of rehabilitation in the penal code, nor does the sentence address appellant's longstanding addiction issues. Appellant contends he should have received community supervision with drug treatment rather than incarceration. The State responds that appellant has failed to preserve his complaint for appellate review and alternatively, the trial court properly exercised its discretion in assessing appellant's punishment.
To preserve error for appellate review, the record must show appellant made a timely request, objection, or motion. See TEX. R. APP. P. 33.1(a)(1). 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). Appellant did not object when he was sentenced, nor did he file a motion for new trial. Accordingly, he has not preserved the issue for appellate review. See Castaneda v. State, 135 S.W.3d 719, 723 (Tex. App.—Dallas 2003, no pet.).
Moreover, punishment that is assessed within the statutory range for an offense is neither excessive nor unconstitutionally cruel or unusual. Kirk v. State, 949 S.W.2d 769, 772 (Tex. App.—Dallas 1997, pet. ref'd); see also Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984) (sentence will not be disturbed on appeal if it is within its statutory range of punishment). Aggravated assault with a deadly weapon is a second-degree felony offense punishable by imprisonment for 2 to 20 years and an optional fine not to exceed $10,000. See TEX. PENAL CODE ANN. §§ 12.33, 22.02(a)(2) (West 2011). Appellant's ten-year sentence is within the statutory punishment range. We overrule appellant's sole issue.
We affirm the trial court's judgment.
/Lana Myers/
LANA MYERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
160851F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. F16-00007-H.
Opinion delivered by Justice Myers. Justices Lang and Stoddart participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 22nd day of June, 2017.