CourtListener 10863087•Jonathan Edward Norton v. the State of Texas
Testo completo
Court of Appeals
Tenth Appellate District of Texas
10-25-00270-CR
Jonathan Edward Norton,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
443rd District Court of Ellis County, Texas
Judge Grace Pandithurai, presiding
Trial Court Cause No. 48812CR
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Jonathan Edward Norton pled guilty to assault family violence by
impeding breath. See TEX. PENAL CODE ANN. § 22.01(b)(2)(B). Pursuant to a
plea agreement, the trial court suspended his ten-year prison sentence and
placed him on community supervision for four years. The State subsequently
filed a motion to revoke Norton’s community supervision. Norton pled “true”
to each allegation and requested that the trial court assess his punishment.
After a hearing, the trial court sentenced Norton to six years in prison. In two
issues on appeal, Norton asserts that his sentence is grossly disproportionate
in violation of the United States and Texas Constitutions. See U.S. CONST.
amend. VIII; TEX. CONST. art. I, § 13. We affirm.
DISCUSSION
In his first issue, Norton contends that his sentence is grossly
disproportionate in violation of the Eighth Amendment to the United States
Constitution. See U.S. CONST. amend. VIII. He presents the same complaint
in his second issue, but asserts a violation of article I, section 13 of the Texas
Constitution. See TEX. CONST. art. I, § 13.
A disproportionate-sentence claim must be preserved for appellate
review. See TEX. R. APP. P. 33.1(a)(1); Rhoades v. State, 934 S.W.2d 113, 120
(Tex. Crim. App. 1996) (noting that constitutional rights, including the right
to be free from cruel and unusual punishment, may be waived); see also Noland
v. State, 264 S.W.3d 144, 151 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d)
(“[I]n order to preserve for appellate review a complaint that a sentence is
grossly disproportionate, constituting cruel and unusual punishment, a
defendant must present to the trial court a timely request, objection, or motion
stating the specific grounds for the ruling desired.”).
Jonathan Edward Norton v. The State of Texas Page 2
Norton did not assert his disproportionate-sentence claims when the
trial court imposed his sentence. He also failed to raise his claims through a
motion for new trial or other post-trial objection. Therefore, we conclude that
Norton did not preserve his disproportionate-sentence complaints for review.
See TEX. R. APP. P. 33.1(a)(1); Rhoades, 934 S.W.2d at 120; see also Noland,
264 S.W.3d at 151.
Accordingly we overrule Norton’s first and second issues on appeal.
Conclusion
Having overruled all of Norton’s issues on appeal, we affirm the trial
court’s judgment.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: May 21, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed
Do Not Publish
CR25
Jonathan Edward Norton v. The State of Texas Page 3
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