Opinion
No. 09-08-00170-CR
Submitted on February 23, 2009.
Opinion Delivered March 4, 2009. DO NOT PUBLISH.
On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 94916.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Carlos Cibrian pled guilty to felony nonsupport. The trial court found the evidence sufficient to find Cibrian guilty, but deferred further proceedings, placed Cibrian on community supervision for five years, assessed a fine of $500, and ordered him to pay child support arrearages. The State subsequently filed a motion to revoke Cibrian's unadjudicated community supervision. Cibrian pled "true" to one violation of the conditions of his community supervision. The trial court found that Cibrian violated the conditions of his community supervision, found Cibrian guilty of felony nonsupport, and assessed punishment at two years of confinement in a state jail facility. Cibrian then filed this appeal, in which he raises two issues for our consideration. In his first issue, Cibrian argues the trial court erred by failing to allow him to withdraw his plea of guilty after the court assessed a fine, which he contends was not part of the plea bargain agreement. In his second issue, Cibrian asserts he received ineffective assistance of counsel because counsel did not object "to the Court's inclusion of a fine as punishment when such was not part of the plea agreement." We address these issues together. A defendant placed on deferred adjudication community supervision may raise issues relating to the original plea proceeding only in an appeal taken when the trial court first imposed deferred adjudication community supervision. Manuel v. State, 994 S.W.2d 658, 661-62 (Tex.Crim.App. 1999). Both of Cibrian's complaints arise from his conviction and punishment, not the revocation of his community supervision. Therefore, he had to appeal within ninety days of December 5, 2005, which was the date on which the trial court placed him on community supervision. See Tex. R. App. P. 26.2(a)(2) (When the defendant timely files a motion for new trial, he must file a notice of appeal within ninety days after sentence is imposed or suspended.). Cibrian did not timely appeal the trial court's order placing him on deferred adjudication community supervision; therefore, he may not raise issues in this appeal regarding lack of opportunity to withdraw his guilty plea or ineffective assistance of counsel during the original plea proceeding. See id.; Manuel, 994 S.W.2d at 661-62. Accordingly, we overrule Cibrian's issues and affirm the trial court's judgment. AFFIRMED.