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Russell v. State

The trial court adjudicated appellant guilty of two counts of indecency with a child by contact in Cause No. 0747847D and two counts of indecency with a child by contact in Cause No. 0750351D on his pleas of true to allegations that he had violated the terms and conditions of his deferred adjudication community supervision. The trial court sentenced him to 15 years confinement in each cause. In a single issue, appellant argues that his 15-year sentences violate the Eighth Amendment's prohibition against grossly disproportionate sentences. Appellant did not assert any objection when the trial court sentenced him to 15 years confinement in each cause, nor did he file a motion for new trial in either cause, raising the disproportionality argument that he asserts now in this appeal. Consequently, he failed to preserve this issue for appellate review. The trial court's judgments are affirmed. Fort Worth Court of Appeals, Nos. 02-10-00161-CR, 02-10-00162-CR, 04-07-2011

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OPINION

The trial court adjudicated Appellant David Allen Russell guilty of two counts of indecency with a child by contact in cause 0747847D and two counts of indecency with a child by contact in cause 0750351D on his pleas of true to allegations that he had violated the terms and conditions of his deferred adjudication community supervision. The trial court sentenced Russell to fifteen years’ confinement in each cause. In a single issue, Russell argues that his fifteen-year sentences violate the Eighth Amendment’s prohibition against grossly disproportionate sentences.*fn1 We will affirm.

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