Opinion
No. 05-08-00515-CR
Opinion Filed June 29, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the Criminal District Court No. 4 Dallas County, Texas, Trial Court Cause No. F07-15409-LK.
Before Justices MORRIS, RICHTER, and LANG-MIERS.
OPINION
Cornelius Isaiah Drayton waived a jury and pleaded guilty to aggravated robbery with a deadly weapon. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on nine years' community supervision, and assessed a $2000 fine. The State later moved to adjudicate guilt, alleging appellant committed a new aggravated robbery offense and two other violations. Appellant pleaded true to the allegations in a hearing on the motion. The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at forty years' imprisonment. In a single issue, appellant contends the trial court abused its discretion by sentencing him to prison. We affirm. Appellant argues the punishment assessed by the trial court violates the objectives of the penal code because it is not necessary to prevent a likely recurrence of his behavior and does not meet the objective of rehabilitation. Appellant asserts the evidence shows he has mental illness and drug addiction issues, and should have been placed on probation with treatment for bipolar disorder and drug addiction. Appellant did not complain about the sentence either at the time it was imposed or in a 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.). Moreover, the trial court imposed punishment within the statutory range for the offense. See Tex. Pen. Code Ann. §§ 12.32(a), 29.03(a) (Vernon 2003); Kirk v. State, 949 S.W.2d 769, 772 (Tex.App.-Dallas 1997, pet. ref'd). We conclude the trial court did not abuse its discretion in assessing the forty-year prison term. See Jackson v. State, 680 S.W.2d 809, 814 (Tex.Crim.App. 1984). We resolve appellant's sole issue against him. We affirm the trial court's judgment.