Richard, Dashaun v. State ( 2002 )

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00934-CR

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DASHAUN RICHARD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 817899

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MEMORANDUM OPINION

Appellant pled guilty without an agreed recommendation to aggravated robbery, and the trial judge placed him on deferred adjudication probation for eight years. Upon the State's motion to adjudicate guilt, appellant pled true to all but one allegation, and the trial judge adjudicated guilt and assessed punishment at eight years in prison. We affirm.

In points of error one and two, appellant claims his punishment was cruel and unusual. See U.S. Const. amend. VIII, XIV; Tex. Const. art. I, § 13. Appellant did not preserve error because he did not object. See Solis v. State, 945 S.W.2d 300, 301-02 (Tex. App.--Houston [1st Dist.] 1997, pet. ref'd); see also Tex. R. App. P. 33.1(a).

We overrule points of error one and two.

We affirm the judgment.

PER CURIAM

Panel consists of Justices Cohen, Nuchia, and Price. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.4.

1. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.