Opinion
No. 05-07-01517-CR
Opinion Filed November 25, 2008. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the Criminal District Court Dallas County, Texas, Trial Court Cause No. F06-66966-MH.
Before Justices MOSELEY, FITZGERALD, and LANG-MIERS. Opinion By Justice MOSELEY.
OPINION
A jury convicted Yolanda Wilson of the murder of Felicia Dabney and assessed punishment at life imprisonment. In two issues, appellant contends the sentence is disproportionate to the offense and constitutes cruel and unusual punishment, in violation of the United States and Texas Constitutions, because she may have suffered from a mental illness when the offense occurred and she should have received probation and treatment. We affirm. 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.). Moreover, appellant was on deferred adjudication community supervision for an aggravated assault with a deadly weapon offense at the time she committed the murder. Furthermore, the jury assessed punishment within the statutory punishment range for the offense. See Tex. Pen. 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 her. We affirm the trial court's judgment.