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Jackson v. State

Only if the sentence is grossly disproportionate to the offense does the court compare the sentence to the sentences imposed for similar crimes in this and other jurisdictions.

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OPINION

Brian Keith Jackson pleaded guilty, without a plea bargaining agreement, to aggravated robbery. See Tex. Pen. Code Ann. � 29.02 (Vernon 1994). A presentence investigation (PSI) report was prepared, and the trial court held a hearing on punishment, at which the victim of the robbery testified. At the conclusion of the hearing, the trial court sentenced Jackson to imprisonment for a term of fifty-five years. The trial court also made an affirmative finding that Jackson used a deadly weapon in the commission of the offense.

On appeal, Jackson contends that his fifty-five-year sentence is disproportionate to the offense. Jackson has failed to preserve this point on appeal. He raised no objection to the sentence on the ground of disproportionality or any other ground. Jackson moved for a new trial, but the motion does not attack the sentence on any ground alleged in Jackson’s brief on appeal, or on any other specific ground. In Jackson v. State, 989 S.W.2d 842 (Tex. App.-Texarkana 1999, no pet.), we held that a defendant is required to raise in the trial court an objection to his sentence on grounds similar to those raised here. If an objection is not made, the error is not preserved.

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