Acosta V. State

Appellant was indicted for possession of a controlled substance, cocaine, of more than 400 grams with intent to deliver. On January 9, 2003, the State proceeded on the lesser offense of possession of a controlled substance, cocaine, of 200 grams or more, but less than 400 grams, with intent to deliver and Appellant entered an open plea of guilty to the trial court. On May 28, 2003, the trial court conducted a sentencing hearing and sentenced Appellant to twenty-five years' confinement. Appellant filed a motion for new trial arguing his plea was involuntary due to ineffective assistance of counsel and violation of his Eighth Amendment rights. The trial court conducted a hearing and denied Appellant's motion for new trial. In three issues, Appellant argues that: (1) the trial court erred in denying his motion for new trial on the basis that his guilty plea was involuntary due to ineffective assistance of counsel; (2) his sentence violates his Eighth Amendment rights under the United States Constitution because his sentence is grossly disproportionate to the crime and inappropriate towards him; and (3) his sentence violates his Article I, Section 13 rights under the Texas Constitution because the sentence is grossly disproportionate to the crime and inappropriate towards him. We affirm.