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Branden Letory Brandon v. State
Citation: Not availableDocket: 06-07-00031-CR
Court: Court of Appeals of Texas; August 9, 2007; Texas; State Appellate Court
Original Court Document: View Document
Branden Letory Brandon pled guilty to possession of a controlled substance with intent to deliver and was sentenced to fourteen years in prison. On appeal, he argued that the trial court failed to consider his serious medical condition—specifically, the loss of use of his left arm—when imposing the sentence. He claimed this omission constituted a violation of the Eighth Amendment's prohibition against cruel and unusual punishment and asserted that a lesser sentence would have been more appropriate. The appellate court noted that federal sentencing guidelines are not applicable in Texas state cases and that the trial court has significant discretion in determining appropriate punishments. To challenge a sentence as unconstitutional, the defendant must demonstrate that the trial court acted unreasonably or unfairly, leading to a grossly disproportionate sentence. Brandon did not formally object to the sentence during proceedings, and his motion for a new trial merely stated that the verdict and sentence were contrary to law and evidence without specific arguments or legal authority to support his claim. As a result, he failed to preserve his contention for appellate review. The court concluded that since no specific constitutional objection was raised in the trial court, no error was preserved for review. Moreover, even if preserved, there was no evidence provided to compare Brandon's sentence with those imposed on similar offenders in Texas or other jurisdictions. The court affirmed the trial court's judgment and overruled Brandon's point of error.