Opinion
No. 10-03-00170-CR
Opinion delivered and filed October 13, 2004. DO NOT PUBLISH.
Appeal from the 40th District Court, Ellis County, Texas, Trial Court # 25898CR. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
This appeal concerns a revocation of community supervision for unlawful possession of a firearm by a felon. We will affirm. Appellant contends that some of the conditions of his community supervision were unenforceably vague, including one requiring him to "submit to testing for alcohol or controlled substances." By failing to make a timely objection to those conditions, Appellant waived his complaint. See Rickels v. State, 108 S.W.3d 900, 902 (Tex.Crim.App. 2003). We overrule Appellant's vagueness issues. Appellant also contends that the trial court erred in finding that Appellant violated the condition of his community supervision that required him to "submit to testing for alcohol or controlled substances." As Appellant points out in his brief, he testified that he refused to submit to a urinalysis because he knew that the urinalysis would show that he had been using marijuana. The trial court did not abuse its discretion in finding that Appellant violated that condition of his community supervision. We overrule Appellant's issue concerning his failure to submit to testing for controlled substances. See Jordan v. State, 36 S.W.3d 871, 877 (Tex.Crim.App. 2001). The trial court does not abuse its discretion in revoking community supervision based on finding one allegation true. Moore v. State, 605 S.W.2d 924, 926 (Tex.Crim.App. [Panel Op.] 1980). We affirm the judgment.