Opinion
No. 05-07-00275-CR
Opinion Filed February 29, 2008. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 380th Judicial District Court Collin County, Texas, Trial Court Cause No. 380-80412-03.
Before Justices MORRIS, FITZGERALD, and LANG.
OPINION
Andrew Everitt Arnold waived a jury and pleaded guilty to injury to a child. See Tex. Pen. Code Ann. § 22.04(a)(3) (Vernon Supp. 2007). Pursuant to a plea agreement, the trial court deferred adjudicating appellant's guilt, placed him on five years' community supervision, and assessed a $700 fine. A year later, the trial court adjudicated appellant guilty and assessed punishment at ten years' imprisonment, probated for six years, and a $700 fine. Subsequently, the State moved to revoke appellant's community supervision, alleging he violated the terms of his community supervision. The trial court granted the motion, revoked appellant's community supervision, and assessed punishment at ten years' imprisonment. In a single issue, appellant contends the trial court abused its discretion in revoking his community supervision. We affirm the trial court's judgment. Appellant argues the trial court abused its discretion by refusing to consider the entire range of punishment before sentencing him. The State responds that the record does not support appellant's complaint, and appellant failed to preserve his complaint for appellate review. Appellant did not complain about the sentence either at the time it was imposed or in his motion for new trial. See Tex. R. App. P. 33.1(a)(1); Castaneda v. State, 135 S.W.3d 719, 723 (Tex.App.-Dallas 2003, no pet.). Even constitutional rights may be waived. Rhoades v. State, 934 S.W.2d 113, 120 (Tex.Crim.App. 1996); Castaneda, 135 S.W.3d at 723. Moreover, appellant testified he voluntarily pleaded true to violating the terms of his community supervision by using methamphetamine. A plea of true, standing alone, supports revocation of community supervision. See Cole v. State, 578 S.W.2d 127, 128 (Tex.Crim.App. [Panel Op.] 1979). We conclude the trial court did not abuse its discretion in revoking appellant's community supervision. See Cardona v. State, 665 S.W.2d 492, 493-94 (Tex.Crim.App. 1984); Cobb v. State, 851 S.W.2d 871, 874 (Tex.Crim.App. 1993). We resolve appellant's sole issue against him. The trial court's judgment is affirmed.