Opinion
No. 05-03-01197-CR.
Opinion issued February 25, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 15th Judicial District Court Grayson County, Texas, Trial Court Cause No. 049515. Affirmed.
Before Justices JAMES, WRIGHT, and BRIDGES.
OPINION
Chazdon Fydel Anderson waived a jury trial and entered a non-negotiated nolo contendere plea to indecency with a child. See Tex. Pen. Code Ann. § 21.11(a) (Vernon 2003). The trial court deferred adjudicating guilt, placed appellant on ten years community supervision, and assessed a $1000 fine. The State later moved to adjudicate guilt, alleging appellant violated the conditions of his probation. Appellant pleaded not true to the allegations in a hearing on the motion. The trial court found the allegations true, adjudicated appellant guilty, and sentenced him to seven years confinement. In a single point of error, appellant contends he was denied effective assistance of counsel. We affirm. Appellant argues counsel entered a guilty plea on an allegation concerning a new offense just moments before entering a plea of not true to the same allegation contained in the State's motion to adjudicate guilt. Appellant also argues counsel did not understand the limitations on the punishment options because counsel asked the judge to place appellant on regular probation, not knowing appellant was ineligible for regular probation. Thus, appellant argues, counsel's errors denied him effective representation. To the extent appellant complains about ineffective assistance of counsel during the determination to adjudicate guilt, we are without jurisdiction to address his complaint. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2004); Olowosuko v. State, 826 S.W.2d 940, 942 (Tex.Crim.App. 1992). To the extent appellant complains of the punishment assessed, there is nothing in the record that shows there might have been a different result as to punishment. Once the trial court adjudicated appellant guilty, the judge had no option but to sentence appellant to imprisonment. See Tex. Code Crim. Proc. Ann. art. 42.12, § 3g(a)(1)(C) (Vernon Supp. 2004). Accordingly, we overrule appellant's sole point of error. We affirm the trial court's judgment.