CHARLES RAY THORNTON, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRM and Opinion Filed May 28, 2008
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-01052-CR
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CHARLES RAY THORNTON, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F07-47962-UT
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OPINION
Before Justices Morris, Whittington, and O'Neill
Opinion By Justice O'Neill
        Charles Ray Thornton waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. The trial court assessed punishment at fifteen years' imprisonment. In two issues, appellant contends the sentence constitutes cruel and unusual punishment. We affirm the trial court's judgment.
        Appellant argues the sentence is grossly disproportionate to the offense and constitutes cruel and unusual punishment, in violation of the United States and Texas Constitutions because he had made certain that the weapons were unloaded and he had no prior convictions. The State responds appellant has failed to preserve his complaints for appellate review and, alternatively, the sentence does not violate the United States or Texas Constitution.         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.). 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, the sentence is 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 issues against him.
        We affirm the trial court's judgment.
 
 
 
                                                          
                                                          MICHAEL J. O'NEILL
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 47
071052F.U05