Antonio Rodrick Lewis v. The State of Texas--Appeal from 124th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00156-CR

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ANTONIO RODRICK LEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 31597-B

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Antonio Rodrick Lewis pled guilty to the offense of sexual assault, see Tex. Pen. Code Ann. 22.011(a)(2)(A) (Vernon Supp. 2005), and submitted the issue of punishment to the trial court. His crime, as charged, was a second degree felony. See Tex. Pen. Code Ann. 22.01(f) (Vernon Supp. 2005); 12.33 (Vernon 2003) (second degree punishment range). The trial court assessed Lewis' punishment at fifteen years' imprisonment.

On appeal, Lewis contends his sentence is excessive and disproportionate. Before we can address this issue on the merits, it must be preserved for our review. In Jackson v. State, 989 S.W.2d 842, 845 (Tex. App. Texarkana 1999, no pet.), we held that a defendant is required to raise in the trial court any objection he or she might have on the ground of disproportionality. In this case, Lewis did not present this issue to the trial court by any means, objection or otherwise. Nor did he file a motion for new trial, a procedure Lewis could have used to present this issue for the trial court's consideration. Accordingly, Lewis did not preserve the issue for appellate review. See Tex. R. App. P. 33.1(a); Alberto v. State, 100 S.W.3d 528, 529 30 (Tex. App. Texarkana 2003, no pet.); and cf. Rodriguez v. State, 71 S.W.3d 778, 779 (Tex. App. Texarkana 2002, no pet.); Jackson, 989 S.W.2d at 844.

We overrule Lewis' sole point of error and affirm the trial court's judgment.

Donald R. Ross

Justice

Date Submitted: November 14, 2005

Date Decided: November 16, 2005

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