Opinion

Jeffrey Cortez Farris v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Apr 19, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

concluding that defendant waived error because he presented argument for first time on appeal

How later courts described this case

  • concluding that defendant waived error because he presented argument for first time on appeal

Written by the judges who cited it.

The opinion

Opinion issued April

19, 2012.

In

The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-11-00942-CR

———————————

JEFFREY CORTEZ FARRIS , Appellant

V.

THE STATE OF TEXAS , Appellees

On

Appeal from the 209th District Court

Harris

County, Texas

Trial

Court Case No. 1298889

MEMORANDUM Opinion

Jeffrey Cortez Farris appeals a sentence entered upon his

guilty plea to the felony offense of aggravated robbery. [1] Farris

contends that the trial court’s sentence was excessive and grossly

disproportionate to the crime committed, violating his rights under the United

States and the Texas Constitutions.We hold that Farris failed to preserve his

complaint for appeal and therefore affirm.

Background

Farrispled guilty to robbery with a

deadly weapon after taking aniPad while wielding an unopened knife. When Farris

first attempted to take the iPad, the victim dropped it.While the victim picked

up the iPad, Farris removed a knife from his pocket.Holding the unopened knife

at his hip, Farris took the iPad.Moments later, Farris boarded a buswith the

iPad in hand.The police arrived and arrested Farris on the bus.Farris testified

that, on the day in question, he had taken one Xanax pill and was high at the

time of the robbery.

Farriswas charged withrobbery with a deadly weapon.He waived

his right to trial and entered a guilty plea without an agreed recommendation

from the State regarding punishment.Following the pre-sentence investigation,

during which Farris requested probation, thetrial court sentenced Farris to

five years’ confinement.Farris did not object to the pronounced sentence at

trial.

P reservation of Error

Farris contends the trial court’s

punishment was grossly disproportionate to the crime committed and thus

violated his state and federal constitutional rights.The State responds that Farris

waived this alleged error by failing to make an objection attrial.

To preserve a complaint for appellate

review, a party must make a timely, specific objection and obtain an adverse

ruling. Tex. R. App. P. 33.1(a); Steadman

v. State , 31 S.W.3d 738, 741 (Tex.

App.—Houston [1st Dist.] 2000, pet. ref’d).This requirement serves two main

purposes: (1) to inform the trial court of the objection and give the trial court

an opportunity to rule on it, and (2) to give opposing counsel the

opportunity to take appropriate action in response. See Garza

v. State , 126

S.W.3d 79, 82 (Tex. Crim. App. 2004). To preserve for appellate review a complaint that a sentence amounts to

cruel and unusual punishment, a defendant must present to the trial court a

timely request, objection, or motion stating the specific grounds for the

ruling desired. See Tex. R. App . P. 33.1(a)(1); Rhoades v. State , 934 S.W.2d 113, 120

(Tex. Crim. App. 1996) (concluding that defendant waived error because he

presented argument for first time on appeal); Wynn v. State , 219 S.W.3d 54, 61 (Tex. App.—Houston [1st Dist.]

2006, no pet.) (holding that defendant’s failure to object to life sentence as

cruel and unusual punishment waived error); Solis

v. State , 945 S.W.2d 300, 301 (Tex. App.—Houston [1st Dist.] 1997, pet.

ref’d) (holding that defendant could not assert cruel and unusual punishment

for first time on appeal).

The record of the

punishment hearing indicates that Farris had some prior criminal history

related to drug use, possession, and distribution. The trial court assessed the

minimum statutory sentence for aggravated robbery: five years. Tex. Penal Code Ann. § 12.32(a) (West

2011). After the trial court announced

its sentence, Farris did not object to the assessed sentence or otherwise argue

that his sentence violated the Eighth Amendment of the United States Constitution

or Article 1, Section 13 of the Texas Constitution . He therefore failed to

preserve this alleged error. See Jacoby v.

State , 227 S.W.3d 128 , 130−31 (Tex. App.—Houston [1st Dist.] 2006, pet.

ref’d) (holding that defendant waived contention that sentence for aggravated robbery constituted

unconstitutional cruel and unusual punishment when he failed to object to

length of sentence at trial).

Relying upon Meadaux v. State ,

325 S.W.3d 189 , 193 n.5 (Tex. Crim. App. 2010), Farris argues that this Court

should nevertheless consider his complaint because his sentence is cruel and

unusual. This Court has already rejected that argument, as has

our sister court. See Quezada

v. State , No. 01-11-00262-CR, 2011 WL 6015698 , at *1 (Tex. App.—Houston

[1st Dist.] Dec. 1, 2011, pet. ref’d) (mem. op.); Williams v. State , No.

14-11-00139-CR, 2011 WL 6287972 , at *2 (Tex. App.—Houston [14th Dist.] Dec. 15,

2011, pet. ref’d). Farris was required to preserve his constitutional

challenges to the length of his sentence by raising them before the trial

court. Having failed to do so, he may not raise them on appeal.

CONCLUSION

Farris failed to preserve anappealable

error as to the constitutionality of his sentence, which was the minimum

sentence within the statutory range. Accordingly, we affirm the trial court’s

judgment.

Harvey

Brown

Justice

Panel

consists of Chief Justice Radack and Justices Higley and Brown.

Do not publish. Tex. R. App. P. 47.2( b).

[1] See Tex. Penal Code Ann . § 29.03 (West 2011).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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