Alberto v. State

OPINION

Opinion by

Justice CORNELIUS (Retired).

Angel Alberto and Armando Aguill-iar flagged down a car that had just left a nightclub. Alberto used a shotgun to force the driver and passenger out of the car. Alberto and Aguilliar then took the car. Alberto pleaded guilty, without a plea agreement, to aggravated robbery. The trial court sentenced him to twenty years’ imprisonment. Alberto contends that the trial court erred in sentencing him without the benefit of a substance abuse evaluation and that his sentence is disproportionate to the offense.

Article 42.12, Section 9(h)(2) of the Texas…