Cecilia Cerda v. State ( 2014 )


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  • AFFIRM; and Opinion Filed April 29, 2014.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-13-00967-CR
    No. 05-13-00968-CR
    CECILIA CERDA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 291st Judicial District Court
    Dallas County, Texas
    Trial Court Cause Nos. F13-33135-U, F13-00398-U
    MEMORANDUM OPINION
    Before Justices Moseley, O’Neill, and FitzGerald
    Opinion by Justice O’Neill
    Cecilia Cerda appeals her convictions for aggravated robbery and theft. In two issues,
    appellant contends the sentences imposed violate her constitutional rights. We affirm the trial
    court’s judgments.
    Appellant waived a jury and pleaded guilty to aggravated robbery of an elderly person
    and theft from an elderly person. See TEX. PENAL CODE ANN. §§ 29.03(a), 31.03(a) (West 2011
    & Supp. 2013). After finding appellant guilty, the trial court assessed punishment at forty years’
    imprisonment and a $3,000 fine for the aggravated robbery and ten years’ imprisonment and a
    $2,000 fine for the theft. Appellant contends the sentences are grossly disproportionate to the
    offenses and inappropriate to the offender, in violation of the United States and Texas
    Constitutions. Appellant asserts she committed the offenses to support her heroin addiction, and
    she should have been placed on community supervision and allowed to participate in the SAFPF
    program. The State responds that appellant failed to preserve her complaints for appellate
    review and alternatively, the sentences cannot be characterized as being grossly disproportionate
    to the offense.
    Appellant did not complain about the sentences either at the time they were imposed or in
    her motions for new trial. See TEX. R. APP. P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d at 723.
    Thus, she has not preserved this issue for appellate review. Moreover, punishment that is
    assessed within the statutory range for an offense is neither excessive nor unconstitutionally
    cruel or unusual. Kirk v. State, 
    949 S.W.2d 769
    , 772 (Tex. App.—Dallas 1997, pet. ref’d); see
    also Jackson v. State, 
    680 S.W.2d 809
    , 814 (Tex. Crim. App. 1984). Aggravated robbery of an
    elderly person is a first-degree felony offense, punishable by imprisonment for five to ninety-
    nine years or life and an optional fine not to exceed $10,000. See TEX. PENAL CODE ANN.
    §§ 12.32, 29.03(a)(3)(A), (b) (West 2011). Theft from an elderly person is a third-degree felony
    offense, punishable by imprisonment for two to ten years and an optional fine not to exceed
    $10,000. Id. §§ 12.34, 31.03(e)(4)(B), (f)(3)(A) (West 2011 & Supp. 2013). Appellant’s forty-
    year and ten-year sentences and the fines imposed are within the statutory ranges of their
    respective offenses. We conclude the sentences do not violate either the United States or Texas
    Constitution. We overrule appellant’s two issues.
    -2-
    We affirm the trial court’s judgments.
    /Michael J. O'Neill/
    MICHAEL J. O'NEILL
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    130967F.U05
    -3-
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    CECILIA CERDA, Appellant                           Appeal from the 291st Judicial District
    Court of Dallas County, Texas (Tr.Ct.No.
    No. 05-13-00967-CR       V.                        F13-33135-U).
    Opinion delivered by Justice O’Neill,
    THE STATE OF TEXAS, Appellee                       Justices Moseley and FitzGerald
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered April 29, 2014.
    /Michael J. O'Neill/
    MICHAEL J. O'NEILL
    JUSTICE
    -4-
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    CECILIA CERDA, Appellant                           Appeal from the 291st Judicial District
    Court of Dallas County, Texas (Tr.Ct.No.
    No. 05-13-00968-CR       V.                        F13-00398-U).
    Opinion delivered by Justice O’Neill,
    THE STATE OF TEXAS, Appellee                       Justices Moseley and FitzGerald
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered April 29, 2014.
    /Michael J. O'Neill/
    MICHAEL J. O'NEILL
    JUSTICE
    -5-
    

Document Info

Docket Number: 05-13-00968-CR

Filed Date: 4/29/2014

Precedential Status: Precedential

Modified Date: 10/16/2015