Opinion issued May 17, 2007.
In The
Court of Appeals
For The
First District of Texas
NO. 01-06-00173-CR
__________
JOSE A. VASQUEZ, Appellants
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 1031748
MEMORANDUM OPINION
Appellant, Jose A. Vasquez, plead guilty to the offense of felony driving while intoxicated ("DWI") without an agreed recommendation. After a presentence investigation and a hearing, appellant was sentenced to five years confinement. (1) In two points of error, appellant contends that the punishment was in violation of his state and federal rights against cruel and unusual punishment.
We affirm.
Cruel and Unusual Punishment
To preserve a complaint for appellate review, a party must have presented to the trial court a timely request, objection, or motion stating the specific grounds for the ruling desired. Tex. R. App. P. 33.1(a). It is well-established that almost every right, constitutional and statutory, may be waived by failing to object. Smith v. State, 721 S.W.2d 844, 855 (Tex. Crim. App. 1986); see also Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996) (waiver of rights under the Texas Constitution); Curry v. State, 910 S.W.2d 490, 497 (Tex. Crim. App. 1995) (waiver of rights under the United States Constitution); Solis v. State, 945 S.W.2d 300, 301 (Tex. App.--Houston [1st Dist.] 1997, pet. ref'd) (waiver of cruel and unusual punishment claim); Wissinger v. State, 702 S.W.2d 261, 265 (Tex. App.--Houston [1st Dist.] 1985, pet. ref'd) (waiver of due process claim). Absent fundamental error, we cannot reverse on grounds of which the trial court was not made aware. See Boler v. State, 177 S.W.2d 366, 373 (Tex. App.--Houston [1st Dist.] 2005, pet. ref'd).
Appellant made no objection in the trial court. The error complained of is not fundamental and, therefore, an objection was required in order to preserve these issues for appellate review. See Wissinger, 702 S.W.2d at 265. Consequently, appellant's failure to object waived these complaints.
Accordingly, we overrule points of error one and two.
Conclusion
We affirm the trial court's judgment.
George C. Hanks, Jr.
Justice
Panel consists of Justices Nuchia, Hanks, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).
1. Felony DWI has a punishment range of two to ten years' confinement, which may include a fine not to exceed $10,000. Tex. Pen. Code Ann. §§ 12.34, 29.03, 49.09(b)(2) (Vernon 2006).