Roy Brent Campbell v. The State of Texas--Appeal from 181st District Court of Randall County

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NO. 07-06-0395-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B MAY 29, 2007 ______________________________ ROY BRENT CAMPBELL, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY; NO. 16,584-B; HON. JOHN B. BOARD, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Roy Brent Campbell was convicted of debit card abuse and sentenced to twenty years in prison, despite having four prior felony convictions. Through one issue, he contends the trial court abused its discretion in assessing the prison term it did. We affirm the judgment. Appellant did not object at trial or by way of a motion for new trial to the sentence he received. Because he did not, he waived his complaint. Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996) (failure to object to punishment as cruel and unusual waives the issue on appeal); Harvey v. State, 173 S.W.3d 841, 850 (Tex. App.–Texarkana 2005, no pet.) (failure to object to the trial court’s consideration of matters outside the record in assessing punishment waives the issue on appeal). Thus, we overrule the issue and affirm the trial court’s judgment. Brian Quinn Chief Justice Do not publish. 2

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