Opinion
No. 05-05-01014-CR
Opinion issued August 14, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F01-75393-I. Affirmed.
Before Justices WHITTINGTON, BRIDGES, and RICHTER.
OPINION
Rijohn Clevon Adams pleaded guilty to aggravated assault with a deadly weapon. Pursuant to a plea agreement, the trial judge deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $1000 fine. The State later moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. At a hearing, the trial judge found the allegations true, adjudicated appellant guilty, and sentenced him to twenty years' imprisonment. In a single issue, appellant contends the judge erred in considering certain evidence during punishment. We affirm the trial court's judgment. In his single issue, appellant contends the trial judge improperly considered evidence introduced during the adjudication hearing in assessing his punishment. Under this issue, appellant claims his wife testified appellant did not assault her and that injuries to her body (shown in photographs) were caused by the wife and a friend. Appellant argues his wife's written statement and the 911 tape used to impeach his wife's testimony should therefore not have been considered in assessing punishment and that the trial judge erred in doing so. The record shows the 911 tape and the written statement of appellant's wife were admitted into evidence without objection during the adjudication hearing. Because appellant did not object to the evidence, he has waived any complaint on appeal. See Tex.R.App.P. 33.1(a)(1). We overrule appellant's sole issue. We affirm the trial court's judgment.