Trevino v. State, 174 S.W.3d 925 (Tex. App. 2005). · Go Syfert
Trevino v. State, 174 S.W.3d 925 (Tex. App. 2005). Cases Citing This Book View Copy Cite
567 citation events (567 in the last 25 years) across 3 distinct courts.
Strongest positive: Michael Clifford v. State (texapp, 2010-12-09) · Strongest negative: Edward Anthony Bishop v. State (texapp, 2018-05-24)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Edward Anthony Bishop v. State
Tex. App. · 2018 · signal: but see · confidence high
But see Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi 2005, pet. ref’d) (“Punishment which falls within the limits prescribed by a valid statute is not excessive, cruel, or unusual.”).
examined Cited as authority (verbatim quote) Michael Clifford v. State (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) Benny Garcia v. State (2×) also: Cited as authority (rule)
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we 7 conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) Benny Garcia v. State (2×) also: Cited as authority (rule)
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) Jeremy Joe Moreno v. State (2×) also: Cited as authority (rule)
Tex. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) Frank Figueroa v. State (2×) also: Cited as authority (rule)
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) Frank Figueroa v. State (2×) also: Cited as authority (rule)
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights appellant asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.
examined Cited as authority (verbatim quote) PATRICK CAVELL AKA PATRICK LOVELL v. State (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court has been cautious about applying the mcgruder analysis
discussed Cited as authority (rule) Brandon Michael Stockwell v. the State of Texas
Tex. App. · 2025 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Chase Ashton Jimenez v. the State of Texas
Tex. App. · 2024 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d). 7 However, to preserve for appellate review a complaint that a sentence is grossly disproportionate or cruel or unusual, a defendant must present to the trial court a “timely request, objection, or motion” stating the specific grounds for the ruling desired.
discussed Cited as authority (rule) Noah Lee Clouse v. the State of Texas
Tex. App. · 2024 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Tyler Ray McNatt v. the State of Texas
Tex. App. · 2024 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) In the Matter of T.T.M.B., a Child v. the State of Texas
Tex. App. · 2024 · confidence medium
While awaiting the modification hearing, Thomas received “over 4” incident reports. 3 and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Matthew Hinojosa v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that a sentence will most likely not be overturned on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Omar Jesus Garza v. the State of Texas
Tex. App. · 2023 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Richard Shane Knight v. the State of Texas
Tex. App. · 2023 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Jesus Guerrero v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that a sentence will most likely not be overturned on appeal if it is assessed within the legislatively determined range).
examined Cited as authority (rule) Russell Scott Rogers v. the State of Texas (3×) also: Cited "see"
Tex. App. · 2023 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that a sentence will most likely not be overturned on appeal if it is assessed within the legislatively determined range). 2 The Eighth Amendment of the United States Constitution provides that “[e]xcessive bail shall not be required, nor excessive fines, nor cruel and unusual punishments inflicted.” U.S. CONST. amend VIII.
discussed Cited as authority (rule) Roberto Silva A/K/A Roberto Luis Silva v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2023 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Joshua Powell v. the State of Texas
Tex. App. · 2023 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 3 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Larry Dean Esquivel v. the State of Texas
Tex. App. · 2022 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range); see 3 TEX.
discussed Cited as authority (rule) Justin Craig Cameron v. the State of Texas
Tex. App. · 2022 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range). 3 To preserve for appellate review a complaint that a sentence constitutes cruel and unusual punishment, a defendant must present to the trial court a timely request, obje…
discussed Cited as authority (rule) Michelle Puentes v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is 4 unlikely to be disturbed on appeal if it is assessed within the legislatively determined range); Nunez v. State, 110 S.W.3d 681 , 682–83 (Tex. App.—Corpus Christi–Edinburg 2003, no pet.) (affirming appellant’s twenty-five-year sentence for aggravated sexual assault of a child given the nature of the offense and the punishment range available); see also Amador v. State, No. 13-19-00562-CR, 2021 WL 5456661 , at *1, *9 (Tex. App.— Corpus Christi–…
discussed Cited as authority (rule) Crystal Hernandez v. the State of Texas
Tex. App. · 2022 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to 3 be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Kenneth Wayne Glawson v. the State of Texas
Tex. App. · 2022 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) LaToya Amador v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.— Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Benino Delagarza A/K/A Benino De La Garza v. the State of Texas
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
discussed Cited as authority (rule) Richard Alvarez Jr. v. the State of Texas (2×) also: Cited "see, e.g."
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is “exceedingly rare” and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that as long as the sentence is assessed within the legislatively determined range, it will unlikely be disturbed on appeal).
discussed Cited as authority (rule) Mathew Mungia v. the State of Texas
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi– Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Thomas Rucker v. the State of Texas
Tex. App. · 2021 · confidence medium
See Smith, 721 S.W.2d at 855 ; Trevino v. State, 174 S.W.3d 925, 927-28 (Tex. App.—Corpus Christi 2005, pet. ref’d) (“Because the sentence imposed is within the punishment range and is not illegal, we conclude that the rights [appellant] asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.”).
discussed Cited as authority (rule) Kyle Lee Eakin v. the State of Texas
Tex. App. · 2021 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that a sentence will most likely not be overturned on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) John Henry Austin v. the State of Texas
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) David Brent Green v. the State of Texas
Tex. App. · 2021 · confidence medium
See Smith, 721 S.W.2d at 855 ; Trevino v. State, 174 S.W.3d 925, at 927-28 (Tex. App.—Corpus Christi 2005, pet. ref’d) (Because the sentence imposed is within the punishment range and is not illegal, we conclude the rights [Appellant] asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection.”).
discussed Cited as authority (rule) Elijah Munoz v. the State of Texas
Tex. App. · 2021 · confidence medium
App. P. 33.1(a). 70 See Means v. State, 347 S.W.3d 873, 874 (Tex. App.—Fort Worth 2011, no pet.); Trevino v. State, 174 S.W.3d 925, 927-28 (Tex. App.—Corpus Christi 2005, pet. ref’d). 71 In his motion for new trial, he stated the trial court had discretion to grant a new trial to protect against oppressive verdicts rendered by a jury, but he did not allege his sentence was cruel and unusual punishment.
discussed Cited as authority (rule) Stephen Raymond Brackens v. State (2×)
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that as long as the sentence is assessed within the legislatively determined range, it will unlikely be disturbed on appeal).
discussed Cited as authority (rule) Robert Saldana v. State
Tex. App. · 2021 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Orlando Amaro v. State
Tex. App. · 2020 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that most likely a sentence will not be overturned on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Elton Wayne Holmes v. State
Tex. App. · 2020 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence is unlikely to be disturbed on appeal if it is assessed within the legislatively determined range).
discussed Cited as authority (rule) Kaylon Doby v. State
Tex. App. · 2020 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (explaining that a sentence will most likely not be overturned on appeal if it is assessed sentence it imposes only by the relevant statutory limits.”); see also Weeks v. State, No. 13-11-00628-CR, 2013 WL 485792 , at *5 (Tex. App.—Corpus Christi–Edinburg Feb. 7, 2013, no pet.) (mem. op., not designated for publication) (explaining that the trial court need not admonish the defendant that he may withdraw his plea of true and stating “Unlike regular community supervision, ‘upon…
discussed Cited as authority (rule) Brian William Stevens v. State (2×)
Tex. App. · 2020 · confidence medium
A successful challenge to proportionality is exceedingly rare and requires a finding of “gross disproportionality.” Simpson, 488 S.W.3d at 322–23 (citing Lockyer v. Andrade, 538 U.S. 63, 73 (2003)); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that a sentence assessed within the legislatively determined range is unlikely be disturbed on appeal).
discussed Cited as authority (rule) Amado Roberto Sanchez v. State
Tex. App. · 2020 · confidence medium
App. 2006); Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (providing that as long as the sentence is assessed within the legislatively determined range, it will unlikely be disturbed on appeal).
cited Cited as authority (rule) Candace Leann Prentice Hodge v. State
Tex. App. · 2020 · confidence medium
Trevino v. State, 174 S.W.3d 925, 927-28 (Tex. App.—Corpus Christi 2005, pet. ref’d). 3
cited Cited as authority (rule) Ronald McGaughey v. State
Tex. App. · 2019 · confidence medium
Trevino v. State, 174 S.W.3d 925, 927 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d) (holding punishment within the statutory range is not cruel and unusual).
cited Cited as authority (rule) Kelly Goley v. State
Tex. App. · 2019 · confidence medium
Trevino v. State, 174 S.W.3d 925, 927-28 (Tex. App.—Corpus Christi 2005, pet. ref’d). 4 of cruel and unusual punishment).
discussed Cited as authority (rule) Jesse Nino v. State
Tex. App. · 2019 · confidence medium
A punishment within the limits prescribed by a valid statute “is not, per se, prohibited as cruel, unusual, or excessive.” Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi–Edinburg 2005, pet. ref’d).
cited Cited as authority (rule) Buddy Hernandez v. State
Tex. App. · 2019 · confidence medium
Trevino v. State, 174 S.W.3d 925, 927 (Tex. App.—Corpus Christi 2005, pet. ref’d) (holding punishment within the statutory range is not cruel and unusual).
discussed Cited as authority (rule) Adrian Campos v. State (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
A punishment within the limits prescribed by a valid statute “is not, per se, prohibited as cruel, unusual, or excessive.” Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi 2005, pet. ref’d).
examined Cited as authority (rule) Leslie Howard Barnhart v. State (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2018 · confidence medium
A punishment within the limits prescribed by a valid statute “is not, per se, prohibited as cruel, unusual, or excessive.” Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi 2005, pet. ref’d).
discussed Cited as authority (rule) John Jeremy Loveall v. State (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
A punishment within the limits prescribed by a valid statute “is not, per se, prohibited as cruel, unusual, or excessive.” Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi 2005, pet. ref’d).
examined Cited as authority (rule) Jose Rodriguez III v. State (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2018 · confidence medium
A punishment within the limits prescribed by a valid statute “is not, per se, prohibited as cruel, unusual, or excessive.” Trevino v. State, 174 S.W.3d 925, 928 (Tex. App.—Corpus Christi 2005, pet. ref’d).
Retrieving the full opinion text from the archive…
Duke Jason TREVINO, Appellant,
v.
the STATE of Texas, Appellee
13-04-473-CR.
Court of Appeals of Texas.
Oct 13, 2005.
174 S.W.3d 925
2005 Tex. App. LEXIS 8415
2005 WL 2559504
Randall E. Pretzer, Corpus Christi, for appellant., Patrick L. Flanigan, Dist. Atty., Retha E. Cable, Asst. Dist. Atty., Sinton, for appellee.
Chief Justice Valdez and Justices Castillo and Garza.
Cited by 295 opinions  |  Published

OPINION [1]

Opinion by

Justice CASTILLO.

Appellant Duke Jason Trevino appeals the sentence the trial court assessed after adjudicating guilt for the offense of aggravated sexual assault of a child. [2] The trial court sentenced him to a term of twenty-five years in the Texas Department of Criminal Justice-Institutional Division. By one issue, Trevino asserts his sentence is cruel and unusual in that it is disproportionate to the severity of the crime for which he was convicted. We affirm.

I. Background

Trevino pleaded guilty to the offense and adjudication of guilt was deferred for ten years under terms and conditions of community supervision. Alleging Trevino violated the terms of his community supervision, the State filed a motion requesting that the trial court revoke community supervision, adjudicate guilt, and impose a sentence. The trial court convened a hearing, and after accepting Trevino’s plea of true to the allegations in the State’s motion, adjudicated guilt. Trevino testified requesting an extension of his community supervision term. After considering the stipulated evidence, the trial court, without objection, imposed punishment.

[*927] II. Jurisdiction

While the challenge to the trial court’s decision to adjudicate is unreviewable under the bar of article 42.12, section 5(b), we may consider the challenge to the trial court’s actions after a finding of guilt. [3] Tex.Code Crim. Proc. Ann. art. 42.12 § 5(b) (Vernon Supp.2004-05) (“after an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant’s appeal continue as if the adjudication of guilt had not been deferred”); Issa v. State, 826 S.W.2d 159, 161 (Tex.Crim.App.1992) (en banc) (per curiam) (holding a defendant does have a limited right to challenge errors made following a determination to adjudicate). Thus, a defendant may appeal from a judgment adjudicating guilt when the issues raised by the appeal relate not to the adjudication decision but to the punishment phase. Escochea v. State, 139 S.W.3d 67, 79 (Tex.App.-Corpus Christi 2004, no pet.) (citing Kirtley v. State, 56 S.W.3d 48, 51-52 (Tex.Crim.App.2001) (allowing appeal of issues related to punishment phase following adjudication of guilt)).

Trevino argues that application of the test in Solem v. Helm, 463 U.S. 277, 290-91, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983) shows that the sentence is disproportionate to the offense. Because the issue raised is unrelated to the decision to adjudicate guilt, we have jurisdiction. See Escochea, 139 S.W.3d at 79.

III. Cruel and Unusual Punishment

A. Preservation of Error

Trevino made no objection to his sentence to the trial court, either at the time of sentencing or in any post-trial motion, on any grounds, nor did he ever lodge an objection, under constitutional or other grounds, to the alleged disparity, cruelty, unusualness or excessiveness of the sentences. Even constitutional claims can be waived by failure to object. Smith v. State, 721 S.W.2d 844, 855 (Tex.Crim.App.1986). To preserve an error for appellate review, a party must present a timely objection to the trial court, state the specific grounds for the objection, and obtain a ruling. Tex.R.App. P. 33.1(a); see Blue v. State, 41 S.W.3d 129, 131 (Tex.Crim.App.2000) (en banc). “All a party has to do to avoid the forfeiture of a complaint on appeal is to let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly enough for the judge to understand him at a time when the trial court is in a proper position to do something about it.” Keeter v. State, No. PD-1012-03, 175 S.W.3d 756, 760, 2005 WL 766974, at *3, 2005 Tex.Crim.App. LEXIS 521, at *10 (Tex.Crim.App. April 6, 2005) (citing Lankston v. State, 827 S.W.2d 907, 909 (Tex.Crim.App.1992) (en banc)); see Solis v. State, 945 S.W.2d 300, 301 (Tex.App.-Houston [1st Dist.] 1997, pet. ref'd) (holding that a claim of grossly disproportionate sentence violative of Eighth Amendment was forfeited by failure to object); Quintana v. State, 777 S.W.2d 474, 479 (Tex.App.-Corpus Christi 1989, pet. ref'd) (holding that failure to object to a sentence as cruel and unusual forfeits error); see also Mercado v. State, 718 S.W.2d 291, 296 (Tex.Crim.App.1986) (en banc).

Because the sentence imposed is within the punishment range and is not[*928] illegal, [4] we conclude that the rights Trevino asserts for the first time on appeal are not so fundamental as to have relieved him of the necessity of a timely, specific trial objection. See Blue, 41 S.W.3d at 131. Thus, by failing to object to the trial court’s sentence below, Trevino has forfeited his complaint on appeal.

Even absent forfeiture, we conclude that Trevino’s sentence did not constitute cruel and unusual punishment. Punishment which falls within the limits prescribed by a valid statute is not excessive, cruel, or unusual. See Harris v. State, 656 S.W.2d 481, 486 (Tex.Crim.App.1983) (en banc); Jordan v. State, 495 S.W.2d 949, 952 (Tex.Crim.App.1973); Samuel v. State, 477 S.W.2d 611, 614 (Tex.Crim.App.1972). The punishment assessed, twenty-five years, falls within the applicable punishment range. Tex. Pen. Code Ann. § 12.32(a) (Vernon 2003) (stating that the punishment range is life or for any term of not more than 99 years or less than 5 years). Thus, the punishment is not, per se, prohibited as cruel, unusual, or excessive.

B. Disproportionate Sentence

Importantly, as Trevino argues, it has been held that a sentence within the range of punishment may still violate the Eighth Amendment if it is grossly disproportionate to the offense committed. Solem, 463 U.S. at 290-91, 103 S.Ct. 3001 (1983). However, the viability and mode of application of proportionate analysis in non-death penalty cases has been questioned since the Supreme Court’s decision in Harmelin v. Michigan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991). See McGruder v. Puckett, 954 F.2d 313, 315-16 (5th Cir.1992) (discussing the various opinions issued in Harmelin, 501 U.S. at 957, 111 S.Ct. 2680, and their impact on the Solem decision). [5] In the present case, even if error had been preserved as to this argument, and assuming for purposes of Trevino’s argument the viability of a proportionality review, twenty-five years in prison is not a grossly disproportionate sentence considering the evidence presented as to the offense. We need not consider its application today because the proportionality issue was not preserved and because no evidence as to the last two[*929] Solern factors was submitted to the trial court. See Solem, 463 U.S. at 292, 103 S.Ct. 3001; Sullivan v. State, 975 S.W.2d 755, 757-58 (Tex.App.-Corpus Christi 1998, no pet.); Simmons v. State, 944 S.W.2d 11, 14 (Tex.App.-Tyler 1996, pet. ref'd).

IV. Conclusion

We overrule Trevino’s sole issue and affirm the trial court judgment of conviction and sentence.

2

. Tex. Pen.Code Aim. § 22.021 (Vernon Supp. 2004 — 05). The offense is a first degree felony, id. § 22.021(e) (Vernon 2004-05), punishable by a term of imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, and a fine not to exceed $10,000. Id. § 12.32(a),(b) (Vernon 2003).

3

. A trial court’s decision to proceed with an adjudication of guilt is one of absolute discretion and is not reviewable. Williams v. State, 592 S.W.2d 931, 932-33 (Tex.Crim.App.1979) (holding that an appellant cannot argue on appeal that the evidence adduced at the revocation hearing was insufficient to prove the allegations in the State’s motion to adjudicate).

4

. A sentence outside the maximum or minimum range of punishment is unauthorized by law and therefore illegal. Escochea v. State, 139 S.W.3d 67, 80 (Tex.App.-Corpus Christi 2004, no pet.) (citing Mizell v. State, 119 S.W.3d 804, 806 (Tex.Crim.App.2003)). Unlike most trial errors, which are forfeited if not timely asserted, a party is not required to make a contemporaneous objection to the imposition of an illegal sentence. Id. (citing Mizell, 119 S.W.3d at 806 n. 6). Thus, an appellate court that otherwise has jurisdiction over a criminal conviction may always notice and correct an illegal sentence. Id. (citing Mizell, 119 S.W.3d at 806).

5

. The McGruder court, analyzing the Supreme Court’s splintered action in Harmelin v. Michigan, 501 U.S. 957, 965, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991), concluded that "this much is clear: disproportionality survives, Solem does not.” McGruder v. Puckett, 954 F.2d 313, 316 (5th Cir.1992). Solem required an analysis of three questions: (1) the gravity of the offense and the harshness of the sentence; (2) the sentences imposed on other criminals in the same jurisdiction; and (3) the sentences imposed for commission of the same crime in other jurisdictions. Solem, 463 U.S. 277, 292, 103 S.Ct. 3001 (1983). The McGruder court, drawing on one of the three opinions issued in Harmelin, refined the Solem analysis to explicitly require a threshold comparison of the harshness of the sentence and the gravity of the offense, and then only if the court inferred that the sentence is grossly disproportionate would it consider the remaining two factors enunciated by Solem. McGruder, 954 F.2d at 316. This Court has been cautious about applying the McGruder analysis. See, e.g., Sullivan v. State, 975 S.W.2d 755, 757 (Tex.App.-Corpus Christi 1998, no pet.).