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.
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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
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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
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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
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Cecilia Cerda v. State
Combined Opinion