Buchanan v. State

By failing to present to the trial court his argument that a 15-year sentence is disproportionate to his offense, the appellant failed to preserve the purported error for review.

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OPINION

James Buchanan pleaded no contest, as part of a plea bargaining agreement, to the offense of injury to a child. The punishment range was enhanced by a prior felony conviction. The trial court deferred a finding of guilt and placed Buchanan on ten years’ community supervision. Over the next eleven months, the trial court twice modified the terms of Buchanan’s community supervision in response to motions from the State.

About a month after the trial court entered its second modification order, the State filed a motion to proceed to an adjudication of guilt, alleging that Buchanan committed eleven violations of the terms of his community supervision. At the hearing, the State abandoned two of its allegations. Buchanan pleaded true to seven of the allegations and not true to two of the allegations. In its judgment, the trial court found six of the State’s allegations true, found Buchanan guilty of injury to a child, and sentenced him to fifteen years’ imprisonment.

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Buchanan v. State

By failing to present to the trial court his argument that a 15-year sentence is disproportionate to his offense, the appellant failed to preserve the purported error for review.

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