Erik Donnelly v. The State of Texas--Appeal from 249th District Court of Johnson County

State: Texas

Court: Texas Northern District Court

Docket No: 10-08-00398-CR

Case Date: 10/27/2010

Plaintiff: Erik Donnelly

Defendant: The State of Texas--Appeal from 249th District Court of Johnson County

Preview:

IN THE
TENTH COURT OF APPEALS

No. 10-08-00398-CR

ERIK DONNELLY,
Appellant
v.

THE STATE OF TEXAS,
  Appellee

From the 249th District Court
Johnson County, Texas
Trial Court No. F41816

MEMORANDUM  OPINION

Pursuant to a plea bargain, Erik Donnelly pleaded guilty to two counts of aggravated sexual assault of a child younger than fourteen years old and was placed on deferred adjudication community supervision for ten years.  Approximately three months later, the State filed a motion to proceed with an adjudication of guilt.  Donnelly pleaded true to the allegations, and the trial court adjudicated his guilt and sentenced him to life imprisonment.  In his sole issue, Donnelly contends that the trial court abused its discretion in sentencing him to a term of life imprisonment.
To preserve a complaint for appellate review, a party must present a timely request, objection, or motion stating the specific grounds for the ruling desired.  TEX. R. APP. P. 33.1(a).  Here, Donnelly did not object to his sentence at the time it was imposed, nor did he file a motion for new trial.  Therefore, Donnelly did not preserve his complaint for review.  See Trevino v. State, 174 S.W.3d 925, 927-28 (Tex. App.

Download 10335.pdf