Thurston Bryant v. the State of Texas

Affirmed and Memorandum Opinion filed May 16, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00293-CR
NO. 14-23-00294-CR

THURSTON BRYANT, Appellant

V.
THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court
Brazoria County, Texas
Trial Court Cause Nos. 94555-CR & 95484-CR

MEMORANDUM OPINION

Appellant was indicted for murder and for altering, destroying, or concealing
a human corpse with intent to impair its verity, legibility, or availability as evidence.
See TEX. PENAL CODE §§ 19.02(c), 37.09(c). On the fourth day of the consolidated
jury trial of the offenses, appellant changed his plea to guilty and pleaded “true” to
prior felony convictions for deadly conduct, aggravated robbery, and assault of a
public servant. The jury found appellant guilty of both offenses and assessed as
punishment confinement for life. The trial court sentenced appellant in accordance
with the verdict, and with the sentences to run concurrently. We have consolidated
the appeals from both offenses.

Appellant’s sole issue on appeal is that his sentences are grossly
disproportionate to the crimes and therefore violate the Eighth Amendment to the
United States Constitution and Article 1, Section 13 of the Texas Constitution.

A complaint that a punishment is grossly disproportionate is waived on appeal
if that complaint is not raised in the trial court. See Lozano v. State, 577 S.W.3d 275,
277 (Tex. App.—Houston [14th Dist.] 2019, no pet.) (holding that disproportionate-
punishment challenges cannot be raised for the first time on appeal); Quick v. State,
557 S.W.3d 775, 788 (Tex. App.—Houston [14th Dist.] 2018, pet. ref’d) (holding
that disproportionate-punishment challenges under Texas Constitution cannot be
raised for the first time on appeal). Because appellant did not raise these complaints
in the trial court, he failed to preserve them for appellate review. See Lozano, 577
S.W.3d at 277; Quick, 557 S.W.3d at 788.

We overrule appellant’s sole issue and affirm the trial court’s judgments.

/s/ Tracy Christopher
Chief Justice

Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.

Do Not Publish — TEX. R. APP. P. 47.2(b).

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