Michael Cloyd Pitts 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. 06-04-00048-CR

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MICHAEL CLOYD PITTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 30709-B

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

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Michael Cloyd Pitts pled guilty to two different charges of driving while intoxicated, subsequent offense, each a third-degree felony. See Tex. Pen. Code Ann. 49.04(a) (Vernon 2003), 49.09(b) (Vernon Supp. 2004 2005). The cases were then submitted to a jury for punishment. The jury recommended Pitts receive six years' imprisonment in one case and ten years' imprisonment in the other; the trial court ordered that Pitts' sentence in the second case be served consecutively to the sentence in the first case. Pitts appealed the judgments separately, but he raises the same issue in each case: Pitts contends his sentences are disproportionate to his crimes. //

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 at the time the sentence is imposed any objection he or she might have on the ground of disproportionality. In this case, Pitts did not present this issue to the trial court by any means, objection or otherwise; therefore, he did not preserve it for our 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.); Rodriguez v. State, 71 S.W.3d 778, 779 (Tex. App. Texarkana 2002, no pet.); Jackson, 989 S.W.2d at 844.

We affirm the judgment.

Jack Carter

Justice

Date Submitted: January 6, 2005

Date Decided: January 7, 2005

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