Lisa Hernandez Foster v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00067-CR
Lisa Hernandez FOSTER,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-0626
Honorable Philip A. Kazen, Jr., Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 13, 2004

AFFIRMED

Lisa Hernandez Foster ("Foster") appeals the trial court's judgment revoking her community supervision and sentencing her to three years imprisonment. Foster's sole issue on appeal is that her constitutional rights were violated because her sentence constitutes cruel and unusual punishment. Because Foster did not raise her complaint before the trial court during the punishment phase of trial or in a motion for new trial, her complaint has been waived. (1) See Curry v. State, 910 S.W.2d 490, 497 (Tex. Crim. App. 1995); Steadman v. State, 31 S.W.3d 738, 742 (Tex. App.--Houston [1st Dist.] 2000, pet. ref'd). Accordingly, the trial court's judgment is affirmed.

Alma L. L pez, Chief Justice

DO NOT PUBLISH

1. We note that Foster was originally placed on deferred adjudication community supervision. When Foster's guilt was adjudicated, she was sentenced to three years imprisonment; however, her sentence was suspended, and she was placed on regular community supervision. Foster's three year sentence was imposed upon the revocation of her regular community supervision, and her sentence is only one year greater than the statutory minimum of two years.