COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00238-CR
RODERICK A. WILLIAMS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM COUNTY CRIMINAL COURT NO. 5 OF TARRANT COUNTY
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CONCURRING MEMORANDUM OPINION1
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I respectfully concur with the majority opinion. Williams’s sole issue is that
his sentence was excessive and disproportionate, but he did not object to his
sentence at the time it was imposed or complain about it in a motion for new trial.
We have held on numerous occasions that this type of claim must be preserved
at the trial court level. See Kim v. State, 283 S.W.3d 473, 475 (Tex. App.—Fort
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See Tex.R.App. P. 47.4.
Worth 2009, pet. ref’d); Acosta v. State, 160 S.W.3d 204, 211 (Tex. App.—Fort
Worth 2005, no pet.); see also Cisneros v. State, No. 02-06-00103-CR, 2007 WL
80002, at *1 (Tex. App.—Fort Worth May 23, 2007, pet. ref’d) (mem. op., not
designated for publication) (collecting cases); cf. Burt v. State, 396 S.W.3d 574,
577 (Tex. Crim. App. 2013) (“A sentencing issue may be preserved by objecting
at the punishment hearing, or when the sentence is pronounced.”). The court of
criminal appeals has explained,
Preservation of error is a systemic requirement on appeal. If an
issue has not been preserved for appeal, neither the court of
appeals nor this Court should address the merits of that issue.
Ordinarily, a court of appeals should review preservation of error on
its own motion, but if it does not do so expressly, this Court can and
should do so when confronted with a preservation question.
Wilson v. State, 311 S.W.3d 452, 473–74 (Tex. Crim. App. 2010) (quoting Ford v.
State, 305 S.W.3d 530, 532–33 (Tex. Crim. App. 2009)); see Clay v. State, 361
S.W.3d 762, 765 (Tex. App.—Fort Worth 2012, no pet.).
Because Williams did not raise his complaint in the trial court, the
complaint is forfeited. I would overrule his issue based on preservation.
Because the majority instead reaches the merits of Williams’s complaint, I
respectfully concur.
/s/ Sue Walker
SUE WALKER
JUSTICE
MCCOY, J., joins.
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DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 24, 2014
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