In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-08-00017-CR
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PATRICK LEE WALKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 34851-B
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Patrick Lee Walker has appealed from his open plea of guilty to the offense of theft over
$1,500.00. He was sentenced by the trial court to one year's confinement.
On appeal, Walker contends that his sentence is disproportionate to the crime and violates
societal norms, thus violating the Eighth Amendment, citing Kennedy v. Louisiana, ___ U.S. ___,
128 S.Ct. 2641 (2008). To preserve such complaint for appellate review, Walker must have
presented to the trial court a timely request, objection, or motion that stated the specific grounds for
the desired ruling, or the complaint must be apparent from the context. See TEX . R. APP . P.
33.1(a)(1); Harrison v. State, 187 S.W.3d 429, 433 (Tex. Crim. App. 2005); Williams v. State, 191
S.W.3d 242, 262 (Tex. App.—Austin 2006, no pet.) (claims of cruel and unusual punishment must
be presented in timely manner); Nicholas v. State, 56 S.W.3d 760, 768 (Tex. App.—Houston [14th
Dist.] 2001, pet. ref'd) (failure to complain to trial court that sentences were cruel and unusual
waived claim of error for appellate review). We have reviewed the record of the trial proceeding.
No relevant request, objection, or motion was made. And, while this Court has held that a motion
for new trial is an appropriate way to preserve this type of claim for review (see Williamson v. State,
175 S.W.3d 522, 523–24 (Tex. App.—Texarkana 2005, no pet.); Delacruz v. State, 167 S.W.3d 904
(Tex. App.—Texarkana 2005, no pet.)), Walker's motion for new trial did not contain an allegation
that the sentence was disproportionate to the offense. He has not preserved such an issue for appeal.
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Therefore, we affirm the trial court's judgment.
Jack Carter
Justice
Date Submitted: August 28, 2008
Date Decided: August 29, 2008
Do Not Publish
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