Murray Johnson IV v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed the revocation of Murray Johnson IV’s community supervision and his seven-year prison sentence for evading arrest with a motor vehicle. The court held that Johnson waived his cruel-and-unusual-punishment and disproportionality challenge by failing to object in the trial court or file a timely motion for new trial. The court also noted that the sentence was within the statutory range and near its lower end.

Holdings

1. Johnson waived appellate review of his cruel-and-unusual-punishment claim because he did not make a timely, specific objection in the trial court or file a timely post-trial motion raising the complaint.
2. The seven-year sentence was at the lower end of the applicable two-to-twenty-year punishment range, and the court affirmed without reaching the merits of disproportionality because the claim was waived.

Questions Presented

1. Whether Johnson's seven-year sentence following revocation of community supervision constituted cruel and unusual or disproportionate punishment under the Eighth Amendment.
2. Whether Johnson preserved his disproportionate-sentence complaint for appellate review.

Disposition

affirmed