Austin, Henry Charles v. The State of Texas--Appeal from 204th Judicial District Court of Dallas County (memorandum opinion )
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AFFIRM; Opinion Filed February 6, 2013. In The Quiirt uf jprat .Fiffl 3istrid uf 1Jrxaa at Oattaii No. 05-11-01732-CR No. 05-11-01733-CR HENRY CHARLES AUSTIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F10-72132-Q & F10-58385-Q MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion By Justice Moseley A jury convicted Henry Charles Austin of two counts of aggravated sexual assault of a child under the age of fourteen. The trial court sentenced Austin to a mandatory life sentence in each case, to run concurrently. Austin asserts two issues in this appeal, both related to the punishment assessed by the trial court: (1) the life sentences are excessive and constitute disproportionate punishment for the crimes, and (2) the automatic life sentence imposed in trial court cause number F1O-58385-Q is improper because the State failed to file notice of its intent to prove a prior felony conviction and seek an automatic life sentence. The background and facts of the case are well-known to the parties; thus, we do not recite them here. Because all dispositive issues are settled in law, we issue this memorandum opinion. TEx, R. App. P. 47.2(a), 47.4. We affirm. Austin did not file a motion for new trial or otherwise make a timely request, objection or motion to notify the trial court about the complaints he now makes in this appeal. As a result, he failed to preserve his complaints and has waived them. See TEx. R. App. P. 33.1(a); Castaneda v. State, 135 S.W.3d 719, 723 (Tex. App. Dallas 2003, no pet.) (for error to be preserved for appeal, the record must show appellant made a timely request, objection, or motion). We overrule Austin s two issues, and we affirm the iil urt s judgment / / If / /ft JIM 4óSELEY J.LJS1 ICE Do Not Publish TEx. R. App. P.47 11 1732F.U05 2 / 1/ ii 1 if / Qnrn-t nf fiftf! Ottrirt øf ptixb iJxas tt Jatta JUDGMENT HENRY CHARLES AUSTIN, Appellant No. O5-1l-0l732CR V. THE STATE OF TEXAS, Appellee Appeal from the 204th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. Cause No. F1O58385-Q). Opinion delivered by Justice Moseley, Justices Francis and Lang participating. Based on the Court s opinion of this date, the judgment of the trial court is AFFIRrvIED. Judgment entered February 6, 2013. JIM MOSELEY J USI ICE (uurt uf Apprahi iFiffl! hiitnrt øf Jixaa at Oattaa JUDGMENT HENRY CHARLES AUSTIN, Appellant No. 05-41-01733-CR V. THE STATE OF TEXAS, Appellee Appeal from the 204th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. Cause No. F10-72132-Q). Opinion delivered by Justice Moseley, Justices Francis and Lang participating. Based on the Court s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered February 6, 2013.
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