Fletcher v. State

Full title: GREGORY FLETCHER, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 4, 2004

No. 04-02-00766-CR (Tex. App. Feb. 4, 2004)

Opinion

No. 04-02-00766-CR.

Delivered and Filed: February 4, 2004. DO NOT PUBLISH.

On Appeal from the 144th Judicial District Court, Bexar County, Texas Trial Court No. 1999-CR-3577. Honorable Mark Luitjen, Judge Presiding. Affirmed.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, PHYLIS J. SPEEDLIN, Justice.

MEMORANDUM OPINION

CATHERINE STONE, Justice.

Gregory Fletcher, appellant, was placed on deferred adjudication for the felony offense of possession with intent to deliver a controlled substance. The State thereafter moved to revoke Fletcher's community supervision and to adjudicate his guilt. The trial court granted the State's motion and sentenced Fletcher to fifty years imprisonment in the Institutional Division of the Texas Department of Justice. On appeal, Fletcher contends in one issue that the trial court violated Texas Rule of Evidence 410 and committed reversible error when the court considered evidence arising from Fletcher's failed plea negotiations with the State. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion under Tex.R.App.P. 47.4 for the following reasons:

1. Fletcher failed to object at trial when the trial court mentioned the terms of the failed plea agreement previously sought by the State. Having failed to present a timely objection, the error, if any, is waived. See Tex.R.App.P. 33.1(a); Guzman v. State, 521 S.W.2d 267, 269 (Tex.Crim.App. 1975).

2. At the hearing on the motion to adjudicate, Fletcher pled true to at least seven violations of the terms of his community supervision. These pleas of true, standing alone, support the trial court's decision to revoke Fletcher's community supervision and to proceed with adjudication of his guilt. See Moses v. State, 590 S.W.2d 469, 470 (Tex.Crim.App. 1979). Upon adjudication, Fletcher was subject to the full range of punishment for his offense, and the fifty-year sentence imposed by the trial court is within that range.

The judgment of the trial court is affirmed.