AFFIRM; and Opinion Filed July 9, 2013.

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 12 - 0 166 0 - CR No. 05 - 12 - 01661 - CR BARBARA JEAN SLAUGHT ER , Appellant V. THE STATE OF TEXAS , Appellee On Appeal from the 265th Judicial Distri ct C ourt Dallas County, Texas Trial Court Cause No s . F 12 - 33772 - R, F12 - 33845 - R 

### MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang

- Miers Opinion b y Justice Lang

- Miers Barbara Jean Slaughter waived a jury and pleaded guilty to theft of property valu ed at $1,500 or more but less than $20,000 and arson causing bodily injury. See T EX . P ENAL C ODE A NN . § § 28.02(a), (d)(1), 31.03(a), (e)(4)(A) (West 2011 ) . The trial court assessed punishment at two years’ confinement in state jail for the theft and fifte en years’ imprisonment for the arson. In two issues, appellant contends the sentence s violate h er constitutional rights under both the United States and Texas Constitutions. We affirm the trial court’s judgment s . The background of the case s and the evide nce admitted at trial are well known to the parties, and we , for that reason, limit recitation of the facts. We issue this memorandum opinion- 2
- pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. App ellant contends the sentences assessed are grossly disproportionate to the crimes and inappropriate to the offender, in violation of the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Section 13 of the Texas Constitution. See U.S. C ONST . amend. VIII, XIV; T EX . C ONST . art. I, § 13. Appellant asserts that because she suffers from alcoholism and drug addiction, and only committed the arson after an extended period of drinking, the punishment assessed is severe. Appellant a rgues she should have received treatment and not prison terms. The State responds appellant has not preserved her complaint for appellate review and, alternatively, the sentences assessed are neither cruel nor unusual punishment. We agree with the State. Appellant did not complain about the sentences either at the time they were imposed or in motions for new trial. See T EX . R. A PP . P. 33.1(a)(1); Castaneda v. State , 135 S.W.3d 719, 723 (Tex. App.

— Dallas 2003, no pet.). Consequently , appellant has not pr eserved this issue for appellate review. Additionally , punishment that is assessed within the statutory range for an offense is neither excessive nor unconstitutionally cruel or unusual. Kirk v. State , 949 S.W.2d 769, 772 (Tex. App.

— Dallas 1997, pet. ref’ d); see also Jackson v. State , 680 S.W.2d 809, 814 (Tex. Crim. App. 1984). Arson causing bodily injury is a first

- degree felony offense punishable by imprisonment for life or for any term of not more than ninety

- nine years or less than five years, and an optional fine not to exceed $10,000. See T EX . P ENAL C ODE A NN . § § 12.32, 2 8 .0 2 ( d)(1). Theft of property valued at $1,500 or more but less than $20,000 is a state

- jail felony punishable by confinement in a state jail facility for not more than two years or less than 180 days, and an- 3
- optional fine not to exceed $10,000. See T EX . P ENAL C ODE A NN . § § 12.35, 31.03(e)(4)(A). Appellant’s sentences are within the statutory punishment ranges for the offenses. We conclude the record does not support appellant’s co mplaint that her sentences are disproportionate. We resolve appellant’s two issues against her. We affirm the trial court’s judgment s .

Do Not Publish T EX . R. A PP . P. 47 121660F.U05 /Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTICE- 4
- 

## Co **urt of Appeals Fifth District of Texas at Dallas** 

JUDGMENT
BARBARA JEAN SLAUGHT ER , Appellant No. 05

- 12

- 01660

- CR V. THE STATE OF TEXAS , Appellee Appeal from the 265th Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12

- 33772

- R). O pinion delivered by Justice Lang

- Miers, Justices Moseley and Bridges participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED
. Judgment entered July 9, 2013.
/Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTI CE- 5
- 

## Court of Appeals **Fifth District of Texas at Dallas**

JUDGMENT
BARBARA JEAN SLAUGHT ER , Appellant No. 05

- 12

- 01661

- CR V. THE STATE OF TEXAS , Appellee Appeal from the 265th Judicial District Court of Dallas County, Texas (Tr.Ct. No. F12

- 33845

- R). Opinion delivered by Justice Lang

- Miers, Justices Moseley and Bridges participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED
. Judgment entered July 9, 2013.

/Elizabeth Lang

- Miers/ ELIZABE TH LANG

- MIERS JUSTICE