Randall Lee Langenberg v. the State of Texas

Summary

The Texas Sixth Court of Appeals affirmed convictions and consecutive fifteen-year sentences imposed on Randall Lee Langenberg for three counts of possession of child pornography. The court held that Langenberg failed to preserve his Eighth Amendment cruel-and-unusual-punishment challenge because he did not object at sentencing or raise the issue in a motion for new trial.

Holdings

1. An Eighth Amendment complaint challenging consecutive sentences is subject to ordinary preservation rules, and a defendant forfeits the complaint by failing to object when sentence is imposed or raise the issue in a motion for new trial.
2. The trial court had statutory authority to order consecutive sentences for multiple offenses under Texas Penal Code Section 43.26 arising from the same criminal episode when the State filed notice to cumulate.

Questions Presented

1. Whether Langenberg preserved his Eighth Amendment challenge to the consecutive sentences as cruel and unusual punishment.
2. Whether the trial court's consecutive sentences violated the Eighth Amendment.

Disposition

affirmed