Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of March 23, 2009

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

>Kim v. State,    No. 02-08-00406-CR    (Mar. 26, 2009)    (McCoy, J., joined by Livingston, J.; Dauphinot, J., concurs and dissents with opinion).  [Note: Both opinions are at the same link in one document.]

Held:    Because Appellant did not raise his complaint about the alleged disproportionality of his sentence at the time it was imposed or in a motion for new trial, he preserved nothing for review. Additionally, his seven-year sentence fell well within the statutory punishment range for burglary of a habitation.

Dissent and Concurrence:    Appellant did not forfeit his complaint; Eighth Amendment claims, like claims of ineffective assistance of counsel, may be raised for the first time on appeal. The record is inadequate to prove that Appellant’s sentence, which falls well within the range of punishment, violates the Eighth Amendment.

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