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Spruell v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 23, 2003
Nos. 2-02-414-CR 2-02-415-CR (Tex. App. Oct. 23, 2003)

Opinion

Nos. 2-02-414- CR 2-02-415-CR

Delivered October 23, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from the 297th District Court of Tarrant County.

Attorney(s) for Appellant: Robert Ford of Fort Worth, TX. Attorney(s) for State: Tim Curry, Crim. Dist. Atty., and Charles M. Mallin, Curtis Jenkins, Miles Brissette, and Stan Hatcher, Asst. Crim. Dist. Attys. of Fort Worth, TX.

Before Panel F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.


MEMORANDUM OPINION


Appellant Richard Douglas Spruell pled guilty to two charges of robbery causing bodily injury. The trial court sentenced appellant to eight years' confinement on each charge, to be served concurrently. In a single point on appeal, appellant claims that the trial court abused its discretion in sentencing him because it did not take into account that he had been drinking alcohol when he committed both robberies. Appellant did not object to his sentence at trial or in a motion for new trial, and he does not complain on appeal that it is void. Accordingly, he has failed to preserve this issue for review. See Tex.R.App.P. 33.1(a)(1); Mercado v. State, 718 S.W.2d 291, 296 (Tex.Crim.App. 1986); see also Heath v. State, 817 S.W.2d 335, 336 (Tex.Crim.App. 1991) (holding that "a defect which renders a sentence void may be raised at any time"), overruled on other grounds by Ex parte Williams, 65 S.W.3d 656 (Tex.Crim.App. 2001). We overrule appellant's sole point and affirm the trial court's judgments.


Summaries of

Spruell v. State

Court of Appeals of Texas, Second District, Fort Worth
Oct 23, 2003
Nos. 2-02-414-CR 2-02-415-CR (Tex. App. Oct. 23, 2003)
Case details for

Spruell v. State

Case Details

Full title:RICHARD DOUGLAS SPRUELL, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Oct 23, 2003

Citations

Nos. 2-02-414-CR 2-02-415-CR (Tex. App. Oct. 23, 2003)