ALFONSO BROWNING, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRMED; Opinion Filed December 19, 2008.
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-08-00135-CR
No. 05-08-00136-CR
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ALFONSO BROWNING, Appellant
 
V.
 
THE STATE OF TEXAS, Appellee
 
.............................................................
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause Nos. F07-57036-XL, F07-72508-L
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OPINION
 
Before Justices Moseley, FitzGerald, and Lang-Miers
Opinion By Justice Lang-Miers
 
 
        Alfonso Browning appeals following convictions for burglary of a habitation in each case. In four points of error, appellant contends the trial court abused its discretion in assessing unreasonable sentences, the sentences constitute cruel and unusual punishment, and the trial court abused its discretion because the sentences violate the objectives of the penal code. We affirm the trial court's judgments.
Background
 
        In cause no. 05-08-00136-CR, appellant waived a jury and pleaded guilty to burglary of a habitation. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on five years' community supervision, and assessed a $750 fine. The State later moved to adjudicate guilt, alleging several violations, including committing a new burglary of a habitation offense. At a hearing on the motion, appellant pleaded true to the allegations. The trial court granted the motion, adjudicated appellant guilty, and assessed punishment at eight years' imprisonment.
        In cause no. 05-08-00135-CR, appellant waived a jury and pleaded guilty to burglary of a habitation. The trial court assessed punishment at eight years' imprisonment.
Discussion
 
        In his first three points of error, appellant contends the trial court abused its discretion in assessing unreasonable sentences, the sentences are disproportionate to the offenses, and the sentences constitute cruel and unusual punishment, in violation of the United States and Texas Constitutions. See U.S. Const. Amend. VIII, XIV; Tex. Const. Art. 1, § 13. Appellant argues, in light of his youth and personal situation, the sentences constitute an abuse of discretion and are excessive because (1) his role in the new burglary offense was limited to receiving stolen property through a window from friends who actually burglarized the house, (2) he was remorseful, (3) he had no other offenses, and (4) testimony showed he was a good prospect for probation. In his fourth point of error, appellant contends the trial court abused its discretion by sentencing him to prison because the sentences violate the penal code's objectives of rehabilitation and are not necessary to prevent recurrence of his criminal behavior. The State responds that appellant failed to preserve his complaints for appellate review and, alternatively, the trial court properly exercised its discretion in assessing punishment.
        Appellant did not complain about the sentences either at the time they were imposed or in his motions 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, there is no evidence the sentences are cruel or unusual, and they are within the statutory punishment range for the offense. See Tex. Penal Code Ann. § 12.33 (Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex. App.-Dallas 1997, pet. ref'd). We conclude the trial court did not abuse its discretion in assessing an eight-year prison term
in each case.
        We affirm the trial court's judgment in each case.
 
 
                                                          
                                                          ELIZABETH LANG-MIERS
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 47
080135F.U05