COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-292-CR
RODERICK JERMAINE JONES APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 396TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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After Appellant Roderick Jermaine Jones pled true to several allegations
in the State’s petition to adjudicate and presented other evidence in a “true-but”
hearing, the trial court adjudicated him guilty of aggravated assault with a
deadly weapon and sentenced him to five years’ confinement in the Institutional
Division of the Texas Department of Criminal Justice. Even though his
sentence is well within the range of punishment for this second degree
1
… See T EX. R. A PP. P. 47.4.
offense,2 Appellant contends in his sole point that his sentence is excessive and
disproportionate to the crime for which he was convicted.
Appellant has presented nothing to show comparative sentences for
aggravated assault with a deadly weapon offenses or to show why his sentence
is disproportionate to the sentences of others convicted of the same or similar
offenses.3 Appellant contends that the trial court found little or nothing
mitigating in the evidence he introduced at the hearing, but the sentence of five
years would seem to belie this contention.
Based on all the evidence, we cannot say that Appellant’s sentence is
disproportionate or that it amounts to cruel and unusual punishment. We
therefore overrule his sole point and affirm the trial court’s judgment.
PER CURIAM
PANEL F: DAUPHINOT, LIVINGSTON, and HOLMAN, JJ.
DO NOT PUBLISH
T EX. R. A PP. P. 47.2(b)
2
… See T EX. P ENAL C ODE A NN. § 12.33(a) (Vernon 2003) (providing range
of confinement for second degree felony is two to twenty years), § 22.02(b)
(Vernon Supp. 2007) (providing aggravated assault with a deadly weapon is
second degree felony).
3
… See Moore v. State, 54 S.W.3d 529, 541–42 (Tex. App.—Fort Worth
2001, pet. ref’d).
2
DELIVERED: March 27, 2008
3