Leslie Lee v. State, 06-15-00004-CR

Leslie Lee was caught shoplifting at a Walmart in Gregg County, Texas, and indicted for state-jail-felony theft under Texas Penal Code § 31.03(e)(4)(D).
Lee had two prior misdemeanor theft convictions (2006 and 2010).
Lee entered an open plea of guilty and after a punishment hearing the trial court sentenced her to six months’ imprisonment.
On appeal, Lee argued her sentence was disproportionate in violation of the Eighth Amendment (and Texas Constitution).
Lee filed a motion for new trial claiming the verdicts were contrary to law and evidence, but did not mention an Eighth Amendment or disproportionate-sentence claim.
The Court of Appeals reviewed the record and found no contemporaneous objection, request, or post-verdict motion preserving a disproportionate-sentence claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lee’s six-month sentence is an unconstitutionally disproportionate punishment	Lee: sentence is disproportionate to the offense and violates the Eighth Amendment	State: claim is forfeited because Lee did not timely present the complaint to the trial court	Court: claim forfeited for failure to preserve; appeal denied

Stewart v. LaGrand, 526 U.S. 115 (U.S. 1999) (per curiam) (Eighth Amendment challenge waived if not preserved)
Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App.) (Eighth Amendment preservation requirement)
Fluellen v. State, 104 S.W.3d 152 (Tex. App.—Texarkana 2003) (constitutional challenge must be raised in trial court)
Briggs v. State, 789 S.W.2d 918 (Tex. Crim. App.) (application-of-law constitutional claims cannot be raised first on appeal)
Williamson v. State, 175 S.W.3d 522 (Tex. App.—Texarkana 2005) (motion for new trial can preserve claim but must specifically raise it)