Opinion
No. 13-04-219-CR
Memorandum Opinion Delivered and Filed July 21, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On appeal from the 36th District Court of Aransas County, Texas.
Before Chief Justice VALDEZ and Justices, HINOJOSA and YAZEZ.
MEMORANDUM OPINION
In a single issue, appellant, Robert Aleman, challenges the trial court's revocation of his community supervision, contending that the punishment assessed by the trial court is disproportionate to the seriousness of the alleged offense in violation of the Eighth and Fourteenth Amendments of the United States Constitution. We affirm. Appellant was charged with the felony of robbery on March 21, 2000. After appellant pleaded guilty, the trial court sentenced him to ten years' imprisonment, suspended the sentence, and placed him on community supervision for ten years. On March 8, 2004, the State filed a motion to revoke appellant's community supervision based on numerous alleged violations including, but not limited to, failure to submit to random urinalysis testing and failure to attend Alcoholics Anonymous and Narcotics Anonymous meetings. On April 22, 2004, during a hearing on the State's motion to revoke, appellant pleaded "true" to the State's alleged violations, except for an allegation of burglary, which the State abandoned. After hearing evidence, the trial court found appellant had violated the terms of his community supervision, revoked his community supervision, imposed his punishment at the original sentence of ten years' imprisonment in the Institutional Division of the TDCJ, and ordered that he pay restitution in the amount of $193.95. The record contains the trial court's certification that this is not a plea-bargain case and the defendant has the right of appeal. As this is a memorandum opinion not designated for publication and the parties are familiar with the facts, we will not recite them here except as necessary to advise the parties of the Court's decision and the basic reasons for it.
U.S. CONST. amend XIV § 1.
See TEX. PEN. CODE ANN. § 29.02 (Vernon 2003).
See TEX. R. APP. P. 47.4.
Standard of Review
A trial court is vested with discretion to revoke an individual's community supervision. Appellate review of an order revoking probation is limited to whether the trial court abused its discretion in revoking probation.Analysis
Robbery is a second-degree felony and is punishable by imprisonment in the Institutional Division of the TDCJ for any term of not more than twenty years or less than two years. In revocation hearings, the trial court may proceed to dispose of the case as if there had been no community supervision, and no part of the time defendanat was on community supervision is to be considered as any part of the time that he shall be sentenced to serve. According to the Eighth Amendment, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Additionally, the Fourteenth Amendment states:All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
U.S. CONST. amend XIV § 1.